IAF officer who contracted AIDS during transfusion at Military Hospital granted Rs 1.5 crore compensation

New Delhi: An Indian Air Force (IAF) soldier, who contracted AIDS through a contaminated blood transfusion at a military hospital in Samba, Jammu and Kashmir, in 2002, has received Rs 18 lakh, with the remaining amount of over Rs 1.41 crore awarded to him as compensation deposited with the Supreme Court registry, according to the IAF.

According to a PTI report, the apex court, in a judgement delivered on September 26 last year on a plea by the veteran, had directed the IAF to pay him around Rs 1.5 crore as compensation.

The soldier fell ill during "Operation Parakram", initiated after the terrorist attack on the Indian Parliament on December 13, 2001, and required a blood transfusion while admitted to the hospital. 

The veteran's petition alleging contempt of the directions issued by the top court in its 2023 verdict came up for hearing before the bench on Tuesday.  

Additional Solicitor General (ASG) Vikramjit Banerjee said they have filed a compliance affidavit in the matter.  

The bench, also comprising Justices Sanjay Karol and K V Viswanathan, observed that the amount deposited in the court registry be released to the veteran.

An advocate, who is assisting the top court as an amicus curiae in the matter, spoke about the soldier's regular medical check-up and said the bench can consider referring him to the All India Institute of Medical Sciences (AIIMS), Delhi, for it.

The bench said since the man resides in Ajmer, a good medical facility can be found in Jaipur to ensure he is not inconvenienced.

It asked the amicus to discuss the issue with the ASG so that it can be sorted out and posted the matter for hearing after two weeks, news agency PTI reported.

On March 5, the apex court had directed that an amount of Rs 18 lakh towards attendant expenses be paid to the man and the remainder be deposited in the court's registry within two weeks.

The bench had also directed that his disability be considered as 100 per cent for paying him the disability pension.

In its 2023 verdict, the apex court had said, "It is held that the appellant is entitled to compensation, calculated at Rs 1,54,73,000 towards compensation on account of medical negligence of the respondents, who are held liable for the injury suffered by the appellant."

It had said since individual liability cannot be assigned, the respondent organisations (IAF and Indian Army) are held vicariously liable, jointly and severally.

"The amount shall be paid to the appellant within six weeks by the IAF, his employer; it is open to the IAF to seek reimbursement, to the extent of half the sum, from the Indian Army. All arrears related to disability pension too shall be disbursed to the appellant within the said six weeks period," the apex court had said.

The verdict was issued following an appeal by the IAF veteran against a decision by the National Consumer Disputes Redressal Commission (NCDRC) dismissing his compensation claim.