Observing that defence personnel who consciously put their lives on the line and are always ready for the ultimate sacrifice must be given highest standard of safety and security, the Supreme Court on Tuesday awarded compensation of Rs 1.5 crore to a defence personnel who contracted HIV during a blood transfusion when he fell sick on duty during Operation Parakram in Jammu Kashmir

A bench of Justices S Ravindra Bhat and Dipankar Datta held the Indian Air Force (IAF) and the Indian Army jointly liable for medical negligence and pulled up the government and the forces for not treating the official with dignity and compassion which forced him to lodge a legal battle to get his dues.

"The appellant is entitled to compensation calculated at 1,54,73,000 rupees on account of medical negligence of the respondents who are held liable for injuries suffered by him. The amount shall be paid by the IAF (his employer) within 6 weeks. It is open to the IAF to seek reimbursement to the extent of half the amount from Army. All arrears related to disability pension shall be disbursed within 6 weeks," the bench said

The retired officer CPL Ashish Kumar Chauhan approached the apex court after his claim for medical negligence was rejected by NCDRC which had held that there was no expert opinion to the effect that at the time of blood transfusion in the body of the complainant the staff of Military hospital had committed any negligence

The court also issued directions to government and every court, to take active measures to give priority to the cases of people suffering from AIDS

Source:  https://timesofindia.indiatimes.com/india/forces-guilty-of-medical-negligence-says-supreme-court-gives-ex-iaf-man-1-5cr/articleshow/103973128.cms?from=mdr