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Supreme Court Upholds Compensation for HIV-Infected Army Officer, dismisses Review Petition

Last Updated on April 12, 2024 by News Desk

The Supreme Court has dismissed a review petition filed by the Indian Army against a judgment that directed them to jointly pay nearly Rs 1.6 crore compensation to a former air force officer who contracted HIV due to medical negligence in blood transfusion at a military hospital in 2002.

The review petition was filed against the judgment delivered on September 26, 2023, which held both the Air Force and the Indian Army vicariously liable.

The court dismissed the review petition, stating that the judgment and order under review did not suffer from any error or apparent error, warranting its reconsideration.

The officer also filed a contempt petition against the Army and Air Force for not complying with the directions.The genesis of the proceedings lay in the petitioner contracting HIV due to a blood transfusion done at a military hospital in 2002. He was discharged from service in 2016 but denied a disability certificate, as there was no provision to grant one.

Under these circumstances, he filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) for compensation of Rs.95.03 crores (plus litigation expenses).

In September 2023, the top court awarded the petitioner approximately Rs.1.6 crores in compensation, holding the Army and Air Force vicariously liable, both jointly and severally.

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