NEW DELHI: A retired Air Force veteran, who contracted HIV during a blood transfusion when he fell sick on duty during Operation Parakram, received a breather from the Supreme Court on Tuesday.
The top court, while holding the Indian Air Force (IAF) and the Indian Army jointly and vicariously liable for medical negligence, directed the IAF to award him Rs 1,54,73,000 as compensation.
A bench of Justices S Ravindra Bhat and Justice Dipankar Datta also laid down directives for the government, courts and quasi-judicial bodies under the framework of the HIV Act.
“We have issued directions to the government in tune with the HIV Act, 2017. Also, every court, quasi-judicial body including all tribunals, commissions, forums, etc, discharging judicial functions set under Central and state enactment shall take active measures to comply with the provision of Section 34. Section 34 prioritises the cases of all these persons suffering from AIDS. Chief Justice of all High Courts shall compile information and devise methods of collecting information anonymising the identity of persons affected appropriately and also complying with Section 34(2),” the court said.
The court was considering a plea filed by the former officer against the National Consumer Disputes Redressal Commission (NCDRC) judgment, which denied him the compensation claimed.
“In the present case, there is no Expert Opinion to the effect that at the time of blood transfusion in the body of the complainant, the staff of 171 Military Hospital had committed any negligence. As such the complaint is liable to be dismissed on this ground alone,” the NCDRC order had said.
The court, on October 20, had directed the defence authorities to reimburse his medical bills and to treat him at the Base hospital in Delhi cantonment.