A two-judge bench of the top court, headed by Justice Dipankar Datta and also comprising Justice PB Varale, while recently dismissing the review plea of the Army, noted that its earlier judgment did not suffer from any error, warranting its reconsideration.”No other ground has been made out for granting the relief claimed in the Review Petition (filed by the army),” the bench in its order said.In September 2023, the top court awarded Chauhan approximately Rs 1.5 crores in compensation (Rs 86.73 lakh for loss of earnings, Rs 50 lakh for mental agony, Rs 18 lakh towards future care expenses and Rs 5 lakh for litigation expenses), holding the Army and Air Force vicariously liable, both jointly and severally.”The appellant (Chauhan) is entitled to compensation of 1,54,73,000 rupees on account of medical negligence of the respondents (Army and Air force) who are held liable for injuries suffered by him. Since individual liability cannot be assigned, the respondent organizations IAF, and the Indian Army are held vicariously liable jointly and severally. The amount shall be paid by the IAF (his employer) within 6 weeks,” the top court said in its order.



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