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Supreme Court ordered an IAF veteran who developed HIV as a result of medical malpractice be paid Rs 18 lakh in compensation

Last Updated on March 6, 2024 by News Desk

Issue:

An Indian Air Force (IAF) veteran who had an HIV transfusion at a military hospital in Samba, Jammu and Kashmir in 2002 was the subject of a lawsuit heard by the Supreme Court. After the terrorist assault on the Indian Parliament in 2001, the veteran who had been part of Operation Parakram filed a suit accusing the court of contempt for payment as mandated by an earlier ruling.

Facts of the Case:

The ex-soldier needed a blood transfusion while he was in the hospital after getting sick during Operation Parakram. He later had HIV as a result of the contaminated blood transfusion. The veteran received a payout of almost Rs 1.5 crore from the IAF, after a September directive from the Supreme Court last year. The veteran, however, claimed in a petition for contempt that the recompense had not been paid out in accordance with the court’s order.

Arguments Presented by Parties:

The veteran’s attorney claimed that there had been a contempt of court since the compensation ordered by the Supreme Court in 2023 had not been completely honored. The amicus curiae also brought up concerns about medical care, travel fees, and disability pensions. The Extra Solicitor General announced the filing of a review petition over the 2023 ruling and asked that the contempt petition be postponed until the matter was resolved.

Judgment Delivered by Court:

In order to resolve the matter of urgent contempt, the Supreme Court ordered that the petitioner get a prompt payment of Rs 18 lakh transferred into his account. In addition, it mandated that the veteran get continuous medical care at the Base hospital, with Rs 25,000 being up for each visit for travel and accommodation costs. The veteran will also get the necessary disability pension, which will be transferred into his account on a monthly basis beginning in March 2024, since the court also decided to consider the veteran’s impairment to be 100%. To track the case’s development, the judge set additional hearings for July 16.

Written By: Nikita Shankar @nikitaashankar

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