New Delhi:The Supreme Court on Tuesday said duty is cast on all state functionaries, including echelons of power within the armed forces, to ensure that the highest standards of safety that is physical, mental well-being and wellness are maintained while awarding over Rs 1.54 crore compensation to a veteran of Air Force due to transfusion of HIV infected blood after he fell sick during 'Operation Parakram' in 2002 in Jammu and Kashmir.
A bench comprising justices S Ravindra Bhat and Dipankar Datta said the people sign up to join armed forces with a sense of patriotic duty and it is a conscious decision to put their lives on the line and be prepared for the ultimate sacrifice of their lives. However, the bench said in the present case the fundamental principles of dignity, honour, and compassion were glaringly absent in the respondents' behaviour.
The bench said, “A corresponding duty is cast on all state functionaries including echelons of power within the armed forces to ensure that the highest standards of safety which is physical, and mental well-being as well as wellness is maintained." The apex court held that the Air Force and Indian Army are vicariously liable for medical negligence as it allowed the petitioner’s appeal challenging the National Consumer Disputes Redressal Commission order, which rejected his complaint. The petitioner was diagnosed with HIV in 2014 after he fell ill.