New Delhi, Apr 12: The Supreme Court has dismissed a plea seeking review of its judgement directing the Indian Air Force (IAF) to pay around Rs 1.54 crore as compensation to a veteran who contracted HIV due to transfusion of infected blood at a military hospital in Jammu and Kashmir’s Samba in 2002.
A bench of justices Dipankar Datta and P B Varale said the verdict of September 26 last year does not suffer from any error warranting its reconsideration.
“We have perused the review petition including the grounds urged in support of the prayer for review of the judgment and order dated September 26, 2023… The judgment and order under review does not suffer from any error, much less apparent error, warranting its reconsideration,” the bench said in its April 3 order.
“That apart, no other sufficient ground has been set up for granting the relief claimed in the review petition. The review petition is, accordingly, dismissed,” it said, while dismissing the review plea filed by the commanding officer of Samba’s Military Hospital.
The veteran, who held a combatant rank 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.
In its September verdict, the apex court had said, “It is held that the appellant (veteran) 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,” it had said.
The top court had delivered the verdict on an appeal by the IAF veteran who challenged an order of the National Consumer Disputes Redressal Commission rejecting his claim for compensation. (PTI)
Nadeem Nadu (ندیم مختار) 