The Allahabad High Court ruled an unborn child beyond five months’ gestation is a “person” under law, allowing separate compensation. Justice Prashant Kumar issued the order in a Railway Claims Tribunal appeal.
LUCKNOW: The Allahabad High Court ruled that an unborn child beyond five months’ gestation is to be considered a “person” under law, and its death in an accident entitles the family to separate compensation.
Justice Prashant Kumar of the Lucknow bench issued the order while hearing a first appeal against a decision by the Railway Claims Tribunal.
The tribunal had granted compensation only for the death of the pregnant woman and denied any relief for the foetus. The incident occurred on September 2, 2018, at Barabanki railway station. Bhanmati, then eight to nine months pregnant, fell while trying to board a train and suffered severe injuries. She later died during treatment, and the unborn child did not survive.
The tribunal had awarded Rs 8 lakh for the woman’s death under provisions related to untoward railway incidents but did not recognize the foetus as a separate victim. The family challenged that finding in the high court.
Allowing the appeal, the court held that beyond a certain stage of development a foetus attains the status of an independent life, and its loss cannot be disregarded.
It observed that the death of an unborn child should be treated on par with the death of a child for compensation purposes.
The court also clarified that under the Railways Act, authorities are liable to compensate victims of accidents, and that liability extends to all lives lost in an incident, including an unborn child.
The tribunal’s order was modified so that separate compensation must be awarded for the death of the foetus.
FOR MORE LEGAL UPDATES FOLLOW US ON YOUTUBE