The Supreme Court on Monday sought a reply from the Indian Air Force (IAF) and the Indian Army in a contempt plea filed by a veteran over non-payment of ₹1.6 crore compensation for medical negligence. The petitioner had contracted HIV (human immunodeficiency virus) during a blood transfusion at a military hospital.
The notice was issued by a Bench of Justices BR Gavai and Sandeep Mehta, seeking a reply in four weeks, Bar and Bench reported.
While hearing the matter in September last year, the apex court directed the Air Force to pay around ₹1.6 crore in compensation to the affected officer.
In September 2023, a bench of the apex court had slammed the Air Force and Army over their conduct and held them vicariously liable, both jointly and severally, the report added.
The veteran officer had moved the SC against a verdict of the National Consumer Disputes Redressal Commission (NCDRC), which dismissed his petition seeking ₹95.31 crore in compensation for medical negligence.
On Monday, the Supreme Court heard the plea by the petitioner seeking contempt proceedings against the Air Force and Army for failing to implement the September 2023 order of the apex court.
In the plea, the veteran alleged that he has not received the amount, including litigation expenses, so far.
While appearing for the Air Force and the Army, Additional Solicitor General Vikramjit Banerjee argued that a review petition had been filed against the September 2023 order of the court. He requested that the case should be deferred till the outcome of the review petition.
However, the division bench of the Supreme Court declined the request.
While hearing the matter, Justice Gavai said, “No, no. Union is always at liberty to move the court for expeditious disposal of review application before the returnable date".
According to the Bar and Bench report, the matter took place during Operation Parakram in 2002, when the officer fell sick and was admitted to 171 Military Hospital in Jammu and Kashmir's Samba. At the hospital, one unit of blood was given to him.
Later, the officer got to know in 2014 that he had been diagnosed with HIV infection. He then sought information regarding the Personal Occurrence Report (POR) related to his hospitalisation in 2002. Medical boards were convened and it was revealed that his condition was linked to the blood transfusion.
The officer was then denied an extension and was discharged from service in May 2016, while his application for a disability certificate was also denied.
(Edited by : Sudarsanan Mani)
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