New Delhi: The Supreme Court has junked a review petition against its verdict, in which it awarded over Rs 1.54 crore compensation to a veteran of Air Force, who contracted HIV due to transfusion of HIV infected blood at a military hospital, after he fell sick during 'Operation Parakram' in 2002 at Jammu and Kashmir.
On September 26, 2023, a bench comprising justices S Ravindra Bhat (since retired) and Dipankar Datta had said that in the present case the fundamental principles of dignity, honour, and compassion were glaringly absent in the respondents' behaviour.
“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”, said the apex court.
“Although this court has attempted to give tangible relief, at the end of the day it realizes that no amount of compensation in monetary terms can undo the harm caused by such behaviour which has shaken the foundation of the appellant’s dignity, robbed him of honour and rendered him not only desperate even cynical”, the apex court had said, in its verdict in September 2023.
The concerned authorities again moved the apex court challenging this September 2023, verdict. A bench comprising justices Dipankar Datta and P. S. Varale, in an order passed on April 3, said: “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, in Civil Appeal”.
“The judgment and order under review does not suffer from any error, much less apparent error, warranting its reconsideration. 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. Pending application(s), if any, shall stand disposed of”, said the bench, in its order.
The apex court, in January this year, had asked the concerned authorities, under the Ministry of Defence, to respond to a contempt of court case filed by the Air Force veteran for not releasing the compensation to him.
In September 26, the apex court had held that Air Force and Indian Army are vicariously liable for medical negligence as it allowed 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.
Medical Boards were held in 2014 and 2015 in which his disability was found to be attributable to service due to the transfusion of one unit of blood in July 2002. In 2016, the petitioner was discharged from the service and the authorities declined his request for extension of service or grant of disability certificate.
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