Rs 1.54 crore awarded to IAF personnel infected with HIV due to negligence

Twenty-one years after a veteran became infected with HIV due to transfusion of infected blood at a military hospital in Jammu and Kashmir, the Supreme Court has directed the Indian Air Force (IAF) to pay him Rs 1.54 crore as compensation. A bench led by Justice S Ravindra said, “It is held that the appellant is entitled to compensation calculated at Rs 1,54,73,000 on account of medical negligence of the respondents who are liable for the injury caused to the appellant.” Bhat said on Tuesday.

“The amount will be paid to the appellant by his employer, IAF, within six weeks; It is open to the Indian Air Force to seek reimbursement of half the amount from the Army. All outstanding amounts relating to disability pension shall also be distributed to the appellant within the said period of six weeks. Overturning the decision of the National Consumer Disputes Redressal Commission, which had refused to pay compensation to the appellant, the apex court held the Indian Air Force and the Army liable – jointly and severally – for negligence on their part.

The veteran, a radar operative/technician with the Indian Air Force, fell ill while on duty during Operation Parakram, which was launched after the terrorist attack on Parliament on 13 December 2001. He complained of weakness and anorexia. Additionally, he was passing highly colored urine. In July 2002 he was admitted to the military hospital in Samba where he was given a unit of blood transfusion. The bench also directed the Center and states to ensure effective implementation of the HIV (Prevention and Control) Act, 2017. “The Union Secretary of Labor and Employment shall file an affidavit of compliance with a tabular statement regarding the implementation of the provisions of the Act within 16 weeks from today,” the order said. The bench asked all courts, tribunals and quasi-judicial bodies in the country to give priority to expeditious disposal of cases related to HIV infected persons.