Supreme Court Directs Immediate Release Of Rs.18 Lakh To Ex-Air Force Officer Who Contracted HIV Due To Blood Transfusion At Military Hospital

In a contempt case filed by an ex-Air Force officer, the Supreme Court today directed inter-alia immediate release of Rs.18 lacs, out of a total court-ordered sum of Rs.1.6 crores, as compensation for medical negligence at a military hospital that resulted in his contracting HIV.

"...in the meantime, we direct the respondents to immediately pay to the petitioner an amount of Rs.18 lacs as determined in para 89 of the judgment of this Court. The same shall be deposited in the account of the petitioner", said the Bench of Justices BR Gavai and Sandeep Mehta.

The Court further directed that 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. The amount shall be transferred to his account immediately after he completes the cycle of treatment, the Court said.

In an attempt to prevent another round of litigation, the requirement of the petitioner having to appear before a Medical Board for assessment of extent of disability was done away with. The Court directed that for the purpose of disability pension, the extent of his disability shall be taken to be 100 percent. The pension amount was ordered to be deposited in the account of the petitioner prior to 10th of every month, starting with March, 2024.

The remaining amount (out of Rs.1.6 crores) was directed to be deposited by the respondents with the Registry of the top Court within 2 weeks. The same shall be kept in the form of an FDR.

The matter has been posted to July, 2024, with a clarification that if the respondents are unable to get their review petition against the main judgment decided till such time, the Bench would proceed with the hearing of the contempt petition.

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 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.

Today, during the hearing, Amicus Curiae Vanshaja Shukla, on behalf of the petitioner, informed the Court that the petitioner had no objection to adjourning of the contempt petition for a reasonable time, in view of pendency of the review petition. However three issues may be immediately dealt with - (i) place of petitioner's treatment, (ii) travel & lodging expenses, and (iii) disability pension.

On the first issue, Shukla pointed out that in the main judgment, the petitioner, whose life expectancy was noted to be 12 years, was directed to be provided bimonthly treatment at a Research and Referral Hospital. However, Addl Solicitor General Vikramjit Banerjee (appearing for the respondents-contemnors) informed that HIV treatment is not available at the Research and Referral Hospital so the petitioner may undergo the same at a nearby Base Hospital.

The second issue pertained to travel and lodging expenses incurred by the petitioner during his visits from Ajmer to Delhi for treatment. While Shukla claimed that the main judgment had directed for the same to be provided to the petitioner, the ASG pressed that under the relevant rules, there was provision for 'reimbursement' of expenses after the petitioner had incurred the same and provided bills.

The third issue was of disability pension. in this regard, the ASG insisted that a Medical Board is required to ascertain the petitioner's extent of disability.

After passing an order on the three issues, the Court enquired if Shukla had been paid her honorarium by the Supreme Court Legal Services Committee, which question was answered in the affirmative. Before parting, on a request that the petitioner's name be redacted from records, it was further directed that the cause title shall continue as "XYZ v. ...".

Appearance: ASG Vikramjit Banerjee (for the Armed Forces); Advocate Vanshaja Shukla (Amicus Curiae)

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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