CPL ASHISH KUMAR CHAUHAN Vs. COMMANDING OFFICER

JUDGEMENT

(1.) The present civil appeal challenges an order of the National Consumer Disputes Redressal Commission, New Delhi (In Consumer Complaint No. 647 of 2017) (hereafter, "Commission"). The application by - CPL Ashish Kumar Chauhan (hereafter, "appellant") for compensation was dismissed by the Commission. The Commanding Officer, 171 Military Hospital is arrayed as the first Respondent; the Medical Officer at the 171 Military Hospital ("171 MH") is the second respondent; the Principal Director, Directorate of Air Veterans is impleaded as the third respondent; the Commanding Officer of the South Western Air Command (Gandhinagar HQ) is arrayed as fourth respondent, and the Senior Medical Officer at the said Military facility is impleaded as the fifth respondent. The first, second and fifth respondents are, hereafter, referred to (unless the context otherwise requires) as "Indian Army"; and the third and fourth respondents, as "IAF".

(2.) The aftermath of the attack on Indian Parliament, (i.e., on 13/12/2001) was followed by heightened tensions at the Indo-Pak border. There was troop mobilization at the border; what is termed as a prolonged "eyeball to eyeball" confrontation between Indian armed forces and Pakistani armed forces. During this deployment and engagement, known as "Operation Parakram", the appellant, who was a radar operative/ technician -with the IAF, was deployed at the border. He had enrolled in the IAF from 21/5/1996 in a permanent position and held a combatant rank. His medical category was A4 GI [which is Category A].

(3.) In July 2002, as his services were needed, he was posted at 302 TRU (Transportable Radar Unit), Pathankot. He fell sick whilst on duty during the operation (Parakram) and complained of weakness, anorexia and passing high colored urine. He was, therefore, admitted to 171 MH, Samba. On 10/7/2002, whilst undergoing treatment at the aforementioned facility, Lt. Col Devika Bhat, posted as MO (Physician), advised him to undergo a blood transfusion. One unit of blood was therefore, transfused to the appellant, for the management of severe symptomatic anemia. The said military hospital facility did not have a license for a blood bank but has been termed by the Indian Army as an "ad-hoc blood bank". Apparently neither any pathologist nor transfusion expert was posted at the facility as it was specifically opened up during Parakram. The appellant alleges that 171 MH did not possess any facility to check markers of blood, including HIV before transfusion and the blood was indented from another military hospital - 166 Military Hospital ("166 MH") as per the SoP (SoP for ad-hoc blood bank 171 Military Hospital) on "Adhoc Blood Bank". The treatment papers of the appellant were entrusted to the Senior Medical Officer of the 302 TRU, Pathankot, for maintenance purposes. In August 2002, the appellant was again admitted to 171 MH; and this time, his hemoglobin level was found to have increased from 11.5gm% to 13.0gm%.