Supreme Court Closes Contempt Case Filed By Ex-Air Force Officer Who Contracted HIV Due To Blood Transfusion At Military Hospital

The Supreme Court today closed the contempt case filed by an ex-Air Force officer, aggrieved by the Armed Forces' failure to pay Court-ordered compensation for medical negligence at a military hospital that resulted in his contracting HIV.

The matter was before a bench of Justices BR Gavai and KV Viswanathan which, in the interest of the parties, modified its earlier order and directed that the respondents pay a lump-sum amount of Rs.5 lakhs to the petitioner (instead of payments on per-hospital-visit basis) for his treatment at an Anti-Retroviral (ART) Centre of his choice.

"We are of the view that it would not be in the interest of the parties to get the medical treatment of the petitioner at the Base Hospital. We notice that at Jawaharlal Nehru Medical College and Hospital, Ajmer, facilities are available for treating the ailment of the petitioner. Though ld. ASG submitted that since the petitioner is a ECHS card holder, he would be entitled to cashless treatment, we find that some amount needs to be paid to the petitioner in lieu of the directions given in paragraph 10. The estimated cost of treatment at Jawaharlal Nehru Medical College is approximately Rs.30,000 per year. According to medical expert, the life expectancy of the petitioner would be around 12 years. In that view of the matter, we find that additional compensation of Rs.5 lakhs in lieu of the directions issued in para 10 would serve the ends of justice", the Court ordered.

Accordingly, paragraph 10 of the Court's order dated 5 March, 2024 was modified and replaced with the following:

"Insofar as medical treatment of the petitioner is concerned, the petitioner would be entitled to take the treatment at an ATR centre of his choice. An amount of Rs. 5 lakhs shall be paid by the respondents to the petitioner for meeting the expenses of the said treatment. The same shall be done within a period of 6 weeks."

With this modification, the contempt proceedings against the respondent-authorities were closed.

During the hearing, Amicus Curiae Vanshaja Shukla, on behalf of the petitioner, informed the Court that almost all directions passed on March 5 had been complied with. However, the direction regarding payment of Rs.25,000 to the petitioner, per visit to the Delhi Base Hospital for treatment, was not complied, as he visited the said hospital on two occasions but the directed amount was not released.

On the other hand, Additional Solicitor General Vikramjit Banerjee, appearing for the respondent-contemnors, contended that the petitioner has always had problems with the respondents and the Court may pass an order as it deems fit so that the disputes are finally settled.

In this view of the matter, and considering the strained relationship between the petitioner and the respondent-officials, the Court modified its earlier direction.

Notably, before the order was passed, the Amicus conveyed to the court that the petitioner was desirous of having a child, so that there is someone to take care of his second wife who stood by him while he was infected. She submitted that the same can happen only through a specialized IVF process, which is facilitated by RRR research hospital in Delhi. Conceding that the request was beyond the scope of the contempt petition, the Amicus requested for a direction that his case may be considered by the authorities.

However, the bench was unconvinced about passing any order in that regard. "We don't want any sort of relationship between you and them. It's quite a possibility that if the attempt goes unsuccessful, he will put a blame on them. That they have done it deliberately...I think in Jaipur, there are various centres for IVF", said Justice Gavai.

Background

The genesis of the proceedings lay in petitioner contracting HIV pursuant to a blood transfusion done at a military hospital. He was diagnosed with the disease in 2014 and his condition linked to a blood transfusion in 2002. Petitioner was discharged from service in 2016 but denied a disability certificate, as apparently there was no provision to grant one.

Under these circumstances, he filed a claim before National Consumer Disputes Redressal Commission (NCDRC) for compensation of Rs.95.03 crores (plus litigation expenses). However, the NCDRC dismissed the plea, observing that no expert opinion was adduced or proved before it for establishing medical negligence during the blood transfusion.

In September, 2023, the top court awarded the petitioner approx. Rs.1.6 crores in compensation (Rs.86.73 lacs for loss of earnings, Rs.50 lacs for mental agony, Rs.18 lacs towards future care expenses, and Rs.5 lacs for litigation expenses), holding the Army and Air Force vicariously liable, both jointly and severally. Consequent to the failure of the Armed Forces to pay compensation as directed, petitioner moved the present contempt petition, on which the top Court issued notice in January this year.

On March 5, the Court directed that (i) the respondents shall immediate release Rs.18 lacs (out of the total court-ordered sum of Rs.1.6 crores) in favor of the petitioner, (ii) the petitioner shall be provided medical treatment at a Base Hospital twice a month and paid Rs.25,000/- (towards travel and lodging expenses) for every visit that he makes from Ajmer to Delhi for treatment, (iii) for the purpose of disability pension, the extent of the petitioner's disability shall be taken to be 100 percent, and the pension amount shall be deposited in the account of the petitioner prior to 10th of every month.

Further, the remaining amount (out of Rs.1.6 crores) was directed to be deposited by the respondents with the Registry of the Court within 2 weeks. At this point, the respondents had informed the Court that their review petition against the main judgment of September, 2023 was pending. In response, the Court conveyed that it would proceed with the contempt petition if the respondents are unable to get the review decided by July.

When the matter was taken up in July, the Court directed release of the remaining amount of Rs.1,41,73,000/- deposited with the Registry, alongwith interest accrued, in favor of the petitioner. Today, the contempt proceedings were closed, with a modification in directions.

Case Title: XYZ v. Col Sanjay Nijhawan and Ors., CONMT.PET.(C) No. 1267/2023 in C.A. No. 7175/2021 

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