S. RAVINDRA BHAT, DIPANKAR DATTA
CPL Ashish Kumar Chauhan (Retd. ) – Appellant
Versus
Commanding Officer – Respondent
JUDGMENT :
S. RAVINDRA BHAT, J.
1. The present civil appeal challenges an order of the National Consumer Disputes Redressal Commission, New Delhi1 [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.”
(I) Relevant Facts
2. The aftermath of the attack on Indian Parliament, (i.e. on 13 December 2001) was followed by heightened tens
A. K. Kraipak & Ors. Vs. UOI & Ors.
Abhimanyu Partap Singh v. Namita Sekhon & Anr.
ABL International Ltd. & Anr. V Export Credit Guarantee Corporation of India Ltd. & Ors.
Anadi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani
Arun Kumar Mangalik v Chirayu Health and Medicare Ltd.
Bombay Hospital and Medical Research Centre v Asha Jaiswal
C.K. Subramania Iyer v. T. Kunhikuttan Nair (1969) 3 SCC 64 [Para 75] – Referred.
Fakruddin versus Principal, Consolidation Training Institute & Ors.
Gunwant Kaur v Municipal Committee Bhatinda
Haryana Urban Development Authority v Vidya Chetal
Indian Medical Assn. v. V.P. Shantha
Jacob Mathew v State of Punjab
Joint Labour Commissioner v Kesar Lal
K. Suresh v. New India Assurance Co. Ltd.
Kishore Lal vs. Chairman, Employee State Insurance Corporation
Laxman Thamappa Kotgiri v G. M., Central Railway
M/S. Spring Meadows Hospital & Anr. versus Harjol Ahluwalia Through K.S. Ahluwalia & Anr.
Malay Kumar Ganguly v Dr. Sukumar Mukherjee (hereafter “Malay Kumar Ganguly”)
Martin F D’Souza v Mohd Ishfaq
Montgomery v Lanarkshire Health Board
Nilabati Behara v State of Orissa
Nivedita Singh v Dr Asha Bharti
Nizam Institute of Medical Sciences v Prasanth S. Dhananka & Ors.
P.S.R. Sadhanantham v. Arunachalam
R.D. Hattangadi v. Pest Control (India) (P) Ltd. (1995) 1 SCC 551 [Para 5] – Referred.
Regional Provident Fund Commissioner v Shiv Kumar Joshi
Savita Garg vs. The Director, National Heart Institute
Smt. Savita Garg vs. The Director, National Heart Institute
State of Orissa v. Divisional Manager
State of Uttaranchal & Ors. Vs. Kharak Singh
Unitech v Telangana State Industrial and Infrastructural Development Corporation
V. Kishan Rao v Nikhil Super Speciality Hospital & Another
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.