Ex-IAF contracts HIV during blood transfusion: SC junks review petition, upholds Rs 1.54 crore compensation for medical negligence
New Delhi: In a major relief to the Indian Air Force (IAF) veteran who contracted HIV due to transfusion of infected blood at a military hospital in Jammu and Kashmir's Samba in 2002, the Supreme Court has dismissed a plea seeking review of its earlier judgment directing IAF to pay around Rs 1.54 crore as a compensation to the patient.
Observing that the order dated September 26, 2023 does not suffer from any error warranting its reconsideration, the Apex Court bench comprising Justices Dipankar Datta and P B Varale noted in its April 3 order, "We have perused the review petition including the grounds urged in support of the prayer for review of the judgment and order dated September 26, 2023… The judgment and order under review does not suffer from any error, much less apparent error, warranting its reconsideration."
"That apart, no other sufficient ground has been set up for granting the relief claimed in the review petition. The review petition is, accordingly, dismissed," the Supreme Court bench was quoted noting by PTI while dismissing the review plea filed by the commanding officer of Samba's Military Hospital.
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 veteran 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 there, the Physician advised him to undergo a blood transfusion. Accordingly, one unit of blood was transfused to the appellant for the management of severe symptomatic anaemia.
Later, in April 2014, the patient again fell ill and was admitted to Station Medicare Centre, Head Quarter, South West Air Command (U), Gandhinagar. Later, while undergoing treatment it was discovered that the patient 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.
It had said since individual liability cannot be assigned, the respondent organisations (IAF and Indian Army) were 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," it had said. Back then, the bench had also issued certain guidelines for the treatment and care of people suffering from HIV AIDS.
Thereafter, the petitioner approached the Supreme Court again alleging contempt of the directions issued by the Apex Court in its 2023 verdict. Meanwhile, Shri Viramjit Banerjee, learned Additional Solicitor General of India contended that the review of the 2023 verdict had been sought and therefore, prayed that the contempt plea be kept pending to await the outcome of the review proceedings.
Last month, during the hearing of the contempt plea, the Apex Court had directed Rs 18 lakh as immediate compensation to the ex-IAF officer. Apart from this, the top court bench comprising Justices B.R. Gavai and Sandeep Mehta had 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," the bench had ordered.
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.
After the verdict, the commanding officer of Samba's Military Hospital filed a plea seeking review of the compensation order, which has now been dismissed by the Supreme Court bench holding that the verdict of September 26 last year does not suffer from any error warranting its reconsideration.
