IAF Soldier Gets Rs 18 Lakh for Contaminated Blood Transfusion; Rest Deposited with SC Registry

IAF Soldier Gets Rs 18 Lakh for Contaminated Blood Transfusion; Rest Deposited with SC Registry

The Indian Air Force (IAF) has informed the Supreme Court that an IAF soldier, who contracted AIDS from a contaminated blood transfusion at a military hospital in Samba, Jammu & Kashmir, in 2002, has received Rs 18 lakh.

The remaining balance of the over Rs 1.41 crore compensation awarded to him has been deposited with the SC Registry.

In a judgment delivered on September 26, 2023, the Supreme Court directed the Indian Air Force (IAF) to pay approximately Rs 1.5 crore as compensation to a veteran. The former soldier fell ill during "Operation Parakram," which was launched following the terrorist attack on the Indian Parliament on December 13, 2001. He was admitted to a military hospital in Samba, Jammu & Kashmir, where he received a contaminated blood transfusion, leading to his contraction of AIDS.

In April this year, the Supreme Court dismissed a plea seeking a review of its September 2023 judgment in the matter. On Tuesday, the bench heard the veteran's petition alleging contempt of the Supreme Court's 2023 directions.

Additional Solicitor General (ASG) Vikramjit Banerjee stated that a compliance affidavit had been filed in the matter. The bench, also comprising Justice Sanjay Karol and Justice K.V. Viswanathan, observed that the amount deposited in the court registry should be released to the veteran.

An advocate assisting the top court as an amicus curiae in the matter suggested that the soldier undergo regular medical check-ups. He proposed that the bench consider referring him to the All India Institute of Medical Sciences (AIIMS) in Delhi for these check-ups.

The bench noted that since the man resides in Ajmer, he could receive care at a good medical facility in Jaipur to avoid inconvenience. It asked the amicus to discuss the issue with the ASG to find a solution, and the matter was posted for a hearing after two weeks.

On March 5, the apex court directed that Rs 18 lakh be paid to the man for attendant expenses and the remainder of the compensation be deposited in the court's registry within two weeks. The bench also ruled that his disability should be considered 100 percent for the purpose of granting him a disability pension.

In its 2023 verdict, the apex court stated, "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." Since individual liability could not be assigned, the court held the respondent organizations (IAF and Indian Army) 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 ordered.

The top court's verdict was in response to an appeal by the IAF veteran challenging the National Consumer Disputes Redressal Commission (NCDRC) order that rejected his claim for compensation

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