Introduction:

In a contempt case stemming from medical negligence at a military hospital resulting in an ex-Air Force officer contracting HIV, the Supreme Court issued directions for immediate relief. The Court, consisting of Justices BR Gavai and Sandeep Mehta, mandated the release of Rs.18 lacs out of a total compensation of Rs.1.6 crores. The petitioner, denied a disability certificate after contracting HIV, sought redress, leading to a significant judgment by the top court.

Arguments of Both Sides:

The petitioner, an ex-Air Force officer, sought compensation for medical negligence that occurred during a blood transfusion at a military hospital. The Armed Forces were held vicariously liable, with the Supreme Court awarding approximately Rs.1.6 crores in compensation. The contempt petition arose due to the failure to pay the directed compensation. The petitioner’s counsel, Amicus Curiae Vanshaja Shukla, highlighted immediate concerns, including the place of treatment, travel expenses, and disability pension. The respondents, represented by ASG Vikramjit Banerjee, raised issues concerning the availability of HIV treatment and reimbursement for travel expenses.

Court’s Judgement:

The Supreme Court directed the immediate release of Rs.18 lacs to the petitioner, deposited in his account, for medical treatment. The petitioner would receive treatment at a Base Hospital twice a month, with Rs.25,000 provided for travel and lodging expenses for each visit from Ajmer to Delhi. Notably, the requirement for a Medical Board assessment of disability was waived, and the extent of disability was deemed 100 percent for disability pension purposes. The remaining compensation amount was ordered to be deposited within two weeks, kept in the form of an FDR. The Court clarified that the contempt petition would proceed if the review petition was not decided by the next hearing in July 2024.