IAF tells SC it has deposited compensation to HIV positive veteran

PTI, Jul 17, 2024, 4:50 PM IST

An Indian Air Force (IAF) soldier, who contracted AIDS due to transfusion of contaminated blood at a military hospital in Jammu and Kashmir’s Samba in 2002, has received Rs 18 lakh and the residual amount from over Rs 1.41 crore awarded to him as compensation has been deposited with the apex court registry, the IAF has informed the Supreme Court.

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 former soldier had taken ill during “Operation Parakram”, launched in the aftermath of the terrorist attack on Indian Parliament on December 13, 2001, and was admitted to the hospital where he had to be administered one unit of blood.

The top court had in April this year dismissed a plea seeking review of its September 2023 judgement in the matter.

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.

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 top court had passed the verdict on an appeal by the IAF veteran who challenged an order of the National Consumer Disputes Redressal Commission (NCDRC) rejecting his claim for compensation.