New Delhi : The Supreme Court on Tuesday said that a compensation of Rs 18 Lakh should be immediately paid to an IAF veteran, who contracted HIV due to transfusion of infected blood at a military hospital in Jammu and Kashmir in 2002.
In September last year, the apex court, on a plea by an IAF veteran, had directed the Indian Air Force to pay around Rs 1.5 crore as compensation to him. Today, a bench comprising justices B R Gavai and Sandeep Mehta considered the IAF veteran’s plea alleging contempt of the directions issued by the top court in its 2023 verdict.
The apex court directed that Rs 18 lakh be immediately paid to him and he should also be provided medical treatment at the Base hospital in the capital, and also paid an amount of Rs 25,000 for each visit for travel and lodging expenses.
A lawyer assisting the court as amicus curiae cited one of the paragraphs of the 2023 verdict which noted, “As time progresses, he would need the assistance of a helper. Even conservatively calculated, such a helper would have to be paid about Rs 10,000 to Rs 15,000 per month. If a calculation of average of Rs 10,000 to Rs 15,000 (i.e. Rs 12,500) for twelve years is taken into account, the total sum would be Rs 18,00,000”.
The lawyer also raised issues including those of disability pension, veteran’s treatment, and travel and lodging expenses. The apex court said that his disability be considered as 100 per cent for paying him the disability pension.
The apex court said respondents should immediately pay Rs 18 Lakh to the petitioner and the remainder of the amount, which authorities were required to pay to the man, be deposited in the apex court’s registry within two weeks. The apex court said that the pension be deposited in the petitioner's account prior to the 10th day of every month.
Additional solicitor general (ASG) Vikramjit Banerjee submitted that a petition seeking review of the 2023 verdict has been filed. Banerjee urged the court to keep the contempt petition pending till its outcome. The Centre’s counsel said a medical board will assess his disability in relation to the issue of disability pension. “If we permit the procedure of going through the medical board, it will lead to another round of litigation,” said the bench.
“In that view of the matter, we direct the respondent to consider the petitioner’s disability as 100 per cent and pay the disability pension…,” said the bench. The apex court has scheduled the matter for further hearing on July 16. The petitioner 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.
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