Supreme Court Rejects Army's Review Petition Against Direction To Pay 1.5 Crore To Officer Who Got HIV During Blood Transfusion

The Supreme Court has dismissed a review petition filed by the Indian Army against the judgment which directed them to jointly pay nearly Rs 1.6 crore compensation to a former air force officer who contracted HIV due to medical negligence in blood transfusion at a military hospital in 2002.

The review petition was filed against the judgment delivered on September 26, 2023, which held both the Air Force and the Indian Army liable. Dismissing the review petition, a bench comprising Justices Dipankar Datta and PB Varale observed that "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 bench added.

The officer has also filed a contempt petition against the Army and Air Force for not complying with the directions. While adjourning the contempt petition in view of the pendency of the review petition, the Court on March 5 had directed the Army to immediately release Rs 18 lakhs to the petitioner towards his medical expenses.

The genesis of the proceedings lay in petitioner contracting HIV pursuant to a blood transfusion done at a military hospital. He was diagnosed with the disease in 2014 and his condition linked to a blood transfusion in 2002. Petitioner was discharged from service in 2016 but denied a disability certificate, as apparently there was no provision to grant one.

Under these circumstances, he filed a claim before National Consumer Disputes Redressal Commission (NCDRC) for compensation of Rs.95.03 crores (plus litigation expenses). However, the NCDRC dismissed the plea, observing that no expert opinion was adduced or proved before it for establishing medical negligence during the blood transfusion.

In September, 2023, the top court awarded petitioner approx. Rs.1.6 crores in compensation (Rs.86.73 lacs for loss of earnings, Rs.50 lacs for mental agony, Rs.18 lacs towards future care expenses, and Rs.5 lacs for litigation expenses), holding the Army and Air Force vicariously liable, both jointly and severally.  

 “The appellant is entitled to compensation calculated at 1,54,73,000 rupees on account of medical negligence of the respondents who are held liable for injuries suffered by him. Since individual liability cannot be assigned, the respondent organizations IAF, and the Indian Army are held vicariously liable jointly and severally. The amount shall be paid by the IAF(his employer) within 6 weeks. It is open to the IAF to seek reimbursement to the extent of half the amount from the Army. All arrears related to disability pension shall be disbursed within 6 weeks", the bench comprising Justices S Ravindra Bhat and Dipankar Datta ordered in the judgment.