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The Supreme Court has rejected the Union Government's review petition challenging the compensation of Rs 1.54 crore awarded to an Indian Air Force (IAF) veteran for medical negligence. The veteran contracted AIDS during Operation Parakram in 2001-2002 after a blood transfusion.
Justices Dipankar Datta and PB Varale dismissed the review petition, stating that the previous judgment did not suffer from any error warranting reconsideration. The court emphasized the inability of monetary compensation to fully remedy the harm caused by negligence.
Earlier this year, the court issued a contempt notice to the Indian Army and Indian Air Force for failing to comply with its order to compensate the defence personnel. In a previous ruling, a bench headed by Justice Ravindra Bhat found both forces guilty of medical negligence and ordered compensation of Rs 1.54 crores.
The court held the IAF and Indian Army vicariously liable and directed the IAF to pay the compensation within six weeks, with the liberty to recover half from the Indian Army. The veteran, diagnosed as HIV positive in 2014 and discharged in 2016, had sought compensation for negligent medical treatment.
The judgment underscores the importance of upholding the dignity and well-being of armed forces personnel, highlighting the lack of compassion and honor in the respondents' behavior. Despite attempts to provide tangible relief, the court acknowledges that no amount of compensation can fully undo the harm caused.
The case serves as a reminder of the duty cast upon state functionaries to ensure the well-being of armed forces personnel who serve with enthusiasm and a sense of patriotic duty. The court's ruling reaffirms the need for accountability and compassion in handling cases of medical negligence affecting servicemen.
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