| ASPECTS | DETAILS |
| Case Title | Supreme Court: Army’s Appeal Rejected in HIV Blood Transfusion Case |
| Introduction | The Supreme Court dismissed the Indian Army’s review petition against a judgment directing them to pay compensation to an air force officer who contracted HIV due to medical negligence in a blood transfusion.(Supreme Court Rejects Army’s Review Petition Against Direction To Pay 1.5 Crore To Officer Who Got HIV During Blood Transfusion |
| Factual Background | The officer contracted HIV in 2002 due to a blood transfusion at a military hospital. He was denied a disability certificate and discharged from service in 2016. |
| Legal Issues | Liability of the Army and Air Force, compensation for medical negligence, vicarious liability. |
| Applicable Law | Consumer protection laws, principles of vicarious liability, compensation for medical negligence. |
| Analysis | The Court held the Army and Air Force jointly and severally liable for the officer’s condition, awarding him Rs 1.6 crores in compensation. |
| Conclusion | The Supreme Court rejected the Army’s review petition, affirming the earlier judgment. |
| Current Scenario | The officer has filed a contempt petition against the Army and Air Force for not complying with the compensation order. |
CASE SUMMARY: The Supreme Court dismissed the Indian Army’s review petition and upheld its earlier judgment directing the Army to pay compensation to a former air force officer who contracted HIV due to medical negligence. The officer had contracted the disease in 2002 from a blood transfusion at a military hospital. The Court held the Army and Air Force jointly and severally liable, awarding the officer Rs 1.6 crores in compensation. The officer has also filed a contempt petition for non-compliance with the compensation order.
SOURCE- DECCAN HERALD
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