CPL ASHISH KUMAR CHAUHAN (RETD.) versus COMMANDING OFFICER & ORS.

CPL ASHISH KUMAR CHAUHAN (RETD.) versus COMMANDING OFFICER & ORS.

The Supreme Court held that the record and circumstantial evidence established systemic failures in the transfusion process at 171 MH and at the supplying facility (166 MH) amounting to medical negligence; res ipsa loquitur was applicable because respondents failed to discharge the burden of showing due care; the IAF and Indian Army are vicariously liable jointly and severally; the NCDRC dismissal was set aside and the appellant was awarded compensation and other reliefs; the Court exercised its jurisdiction under Articles 32 and 142 and issued directions under the HIV Act framework.

Parties
Appellant: CPL Ashish Kumar Chauhan (Retd.); First Respondent (indian Army): Commanding Officer, 171 Military Hospital, Samba; Second Respondent (indian Army): Medical Officer, 171 Military Hospital, Samba; Third Respondent (iaf): Principal Director, Directorate of Air Veterans; Fourth Respondent (iaf): Commanding Officer, South Western Air Command (Gandhinagar HQ); Fifth Respondent (indian Army): Senior Medical Officer, 171 Military Hospital
Jurisdiction
India
Judgment Date
26 September 2023
Procedural Posture
Civil Appeal (civil Appeal No. 7175 of 2021) / Appeal From National Consumer Disputes Redressal Commission Order Dated 27.08.2021
Outcome
Appeal allowed
Legal Topics
Res Ipsa Loquitur, Vicarious Liability, Informed Consent, Preservation of Medical Records, Assessment of Damages, Jurisdiction of Consumer Fora
Consumer Protection Medical Negligence Tort/negligence Constitutional Law (articles 32 and 142) Administrative Law Human Rights (hiv/aids Statutory Protections) Res Ipsa Loquitur Vicarious Liability +4 more

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Parties

CPL Ashish Kumar Chauhan (Retd.)

Appellant

Commanding Officer, 171 Military Hospital, Samba

First Respondent (indian Army)

Medical Officer, 171 Military Hospital, Samba

Second Respondent (indian Army)

Principal Director, Directorate of Air Veterans

Third Respondent (iaf)

Commanding Officer, South Western Air Command (Gandhinagar HQ)

Fourth Respondent (iaf)

Senior Medical Officer, 171 Military Hospital

Fifth Respondent (indian Army)

Procedural Posture

Civil Appeal (civil Appeal No. 7175 of 2021) / Appeal From National Consumer Disputes Redressal Commission Order Dated 27.08.2021

Legal Issues

  1. 1 Whether appellant is a 'consumer' under the Consumer Protection Act, 1986 and whether consumer fora have jurisdiction
  2. 2 Whether transfusion at 171 Military Hospital in July 2002 amounted to medical negligence causing appellant's HIV infection
  3. 3 Whether res ipsa loquitur applies on the facts and shifts burden to respondents

Ratio Decidendi

The Supreme Court held that the record and circumstantial evidence established systemic failures in the transfusion process at 171 MH and at the supplying facility (166 MH) amounting to medical negligence; res ipsa loquitur was applicable because respondents failed to discharge the burden of showing due care; the IAF and Indian Army are vicariously liable jointly and severally; the NCDRC dismissal was set aside and the appellant was awarded compensation and other reliefs; the Court exercised its jurisdiction under Articles 32 and 142 and issued directions under the HIV Act framework.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the National Consumer Disputes Redressal Commission dated 27.08.2021 set aside
  • Respondents (IAF and Indian Army) held jointly and severally vicariously liable for medical negligence and directed to pay compensation of INR 15,473,000 to the appellant within six weeks