Supreme Court orders Rs 18 lakh immediate compensation to Ex-IAF who contracted HIV During Blood Transfusion

New Delhi: The Supreme Court recently directed Rs 18 lakh as immediate compensation to an Indian Air Force (IAF) veteran who contracted HIV during a blood transfusion at a military hospital in Jammu and Kashmir's Samba in 2002.

Apart from this, the top court bench comprising Justices B.R. Gavai and Sandeep Mehta also directed the authorities to ensure that the patient is provided medical treatment at Base Hospital, New Delhi twice a month and paid an amount of Rs 25,000 per visit to meet his travel and lodging expenses. 

"The said amount shall also be transferred in the account of the petitioner immediately after the petitioner completes the cycle of the treatment," ordered the bench.

These directions were issued by the Supreme Court while considering the contempt plea filed by the Air Veteran. Medical Dialogues had earlier reported that last year, while considering the plea by the retired Air Veteran, who contracted HIV during a blood transfusion while falling sick on duty during Operation Parakram, the Supreme Court bench had held the Indian Air Force (IAF) and the Indian Army jointly and vicariously liable for medical negligence and directed them to pay Rs 1,54,73,000 compensation.

The matter goes back to 2002 when the petitioner fell sick while on duty during operation Parakram and he complained of weakness, anorexia, and passing high-colored urine. Therefore, he was admitted to 171 MH, Samba. While undergoing treatment in there, the MO Physician advised him to undergo a blood transfusion. Accordingly, one unit of blood was transfused to the appellant for the management of severe symptomatic anemia.

Later, in April 2014, the appellant again fell ill and was admitted to Station Medicare Centre, Head Quarter, South West Air Command (U), Gandhinagar. In April 2014, the patient again fell ill and while undergoing treatment it was discovered that the petitioner was suffering from Human Immunodeficiency Virus (HIV).

Although the National Consumer Disputes Redressal Commission (NCDRC) had dismissed his appeal, the Supreme Court bench granted relief to the patient and ordered the authorities to pay Rs 1,54,73,000/- (Rupees one crore fifty four lakhs seventy three thousand only) towards compensation on account of medical negligence. Back then, the bench had also issued certain guidelines for the treatment and care of people suffering from HIV AIDS.

The petitioner approached the Supreme Court again alleging contempt of the directions issued by the Apex Court in its 2023 verdict.

Shri Viramjit Banerjee, learned Additional Solicitor General of India contended that the review of the 2023 verdict has been sought and therefore, prayed that the contempt plea be kept pending to await the outcome of the review proceedings.

While Ms. Vanshaja Shukla, the learned Amicus Curiae assisting the Court on behalf of the petitioner expressed that she had no objection if the contempt plea is adjourned, she highlighted certain issues that required to be addressed immediately.

She informed the bench that the Supreme Court in its judgment dated 26.09.2023 at paragraph 89 had estimated the life expectancy of the petitioner to be around 12 years. She further submitted that the Court had also directed the petitioner to be provided by-monthly treatment at Research and Referal Hospital, New Delhi and also directed for providing travel and lodging expenses whenever the petitioner travels to Delhi for taking treatment. Referring to these, she submitted that the direction given to provide expenses for engagement of an attendant also requires immediate compliance.

Another issue that was brought to the notice of the Court was regarding the disability pension. At this outset, the learned ASG submitted that the treatment for HIV is not available at Research and Referal Hospital, New Delhi but is available at the Base Hospital, New Delhi, which is just across the road. He suggested providing treatment to the petitioner at the Base Hospital, New Delhi and in respect of the travel expenses, he submitted that under the rules there is provision to claim reimbursement of travel expenses. Therefore, after the petitioner completes his travel, he can submit his bills for reimbursement.

In respect of the issue of disability, the ASG stated that for the said purpose, the petitioner will have to submit the necessary documents/papers with the Competent Authority and also appear before the Medical Board, which shall assess his percentage of disability.

Taking note of these submissions, the Apex Court bench adjourned the contempt plea and listed it for hearing immediately after reopening of the summer vacation i.e. on 16.07.2024.

"We clarify that in the event the respondents are not in a position to get the review decided, we will consider proceeding further with the contempt proceedings," the bench clarified.

However, the bench ordered the authorities to immediately release Rs 18 lakh to the petitioner as the cost of attendant and also pay for his lodging and travel expenses during his visit to the Base Hospital.

"In the meantime, we direct the respondents to pay to the petitioner an amount of Rs.18,00,000/- towards attendant expenses, within a period of two weeks, as determined in paragraph 89 of the judgment of this Court rendered in Civil Appeal No.7175/2021. The said amount shall be transferred in the account of the petitioner, within the aforesaid period," the bench ordered.

"Insofar as the medical treatment is concerned, the petitioner shall be provided medical treatment at the Base Hospital, New Delhi twice a month. The petitioner shall also be paid an amount of Rs.25,000/-, per visit, so as to meet his travel and lodging expenses. The said amount shall also be transferred in the account of the petitioner immediately after the petitioner completes the cycle of the treatment," it further directed.

Apart from this, the bench also asked the authorities to consider the petitioner's disability as 100 percent and grant the disability pension at the earliest. "Insofar as the disability pension is concerned, we find that in the peculiar facts and circumstances of the case, if we permit the procedure of going through the Medical Board, it may lead to another round of litigation and cause further harassment to the petitioner and add to his sufferings," noted the bench.

"It is needless to mention that the disability of the petitioner was considered sufficient to discharge him from the service. In that view of the matter, we direct the respondents to consider the petitioner’s disability as 100% and pay him the disability pension, considering his disability to be 100%. The disability pension of the petitioner shall be deposited in his account prior to 10th day of every month," it further ordered.

"Needless to state that this deposit shall commence from the month of March, 2024 and the remainder of the amount, which the respondents are required to pay to the petitioner shall be deposited in the Registry of this Court, within a period of two weeks from today. On such deposit being made, the Registry shall invest the same in a fixed deposit receipt, initially for a period of four months," read the order.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-rs-18-lakh-233869.pdf

Also Read: Ex-IAF Contracts HIV During Blood Transfusion: SC directs Indian Army, Air Force to Pay Rs 1.5 Crore Compensation for medical negligence