Rs 1.5 crore compensation granted to Air Force veteran infected with HIV during blood transfusion
Landmark ruling holds military liable for medical negligence and sets precedent for AIDS patients' rights.
A retired Air Force veteran who contracted HIV during a blood transfusion while on duty during Operation Parakram received a significant ruling from the Supreme Court this Tuesday.
The top court held both the Indian Air Force (IAF) and the Indian Army responsible for medical negligence and directed the IAF to compensate him with Rs 1,54,73,000.
A bench of Justices S Ravindra Bhat and Dipankar Datta also issued directives for the government, courts, and other judicial bodies regarding the HIV Act.
According to the court, they’ve issued directions to the government in accordance with the HIV Act of 2017. They also instructed all courts, quasi-judicial bodies, tribunals, commissions, forums, etc., to prioritize cases of individuals suffering from AIDS, following the provisions of Section 34 of the HIV Act. Additionally, they called upon the Chief Justices of all High Courts to collect information while preserving anonymity and comply with Section 34(2).
This ruling came in response to a plea filed by the retired officer against the National Consumer Disputes Redressal Commission (NCDRC) judgment that denied his compensation claim.
The NCDRC judgment stated that there was no expert opinion confirming negligence by the staff of the 171 Military Hospital at the time of the blood transfusion. Therefore, the complaint was dismissed.
Earlier, on October 20, the court had directed the defense authorities to reimburse his medical bills and provide him treatment at the Base Hospital in Delhi Cantonment.
In summary, the Supreme Court has held the IAF and the Indian Army responsible for medical negligence in a retired Air Force veteran’s case. They’ve ordered the IAF to compensate him with a substantial amount. Moreover, the court has laid down directives for the government and various judicial bodies to prioritize cases of individuals with AIDS under the HIV Act. This ruling comes after a plea against the NCDRC’s decision to deny compensation based on a lack of expert opinion regarding negligence during the blood transfusion.
