The Allahabad High Court on Friday held that an unborn child of more than five months’ gestation would be treated as a “person” in the eyes of law, and its death in an accident would entitle the family to separate compensation.
Justice Prashant Kumar of the Lucknow bench passed the order while hearing a first appeal against a Railway Claims Tribunal ruling.
The tribunal had granted compensation only for the death of a pregnant woman and denied any relief for the unborn child. The case dates back to September 2, 2018, at Barabanki railway station.
Bhanmati, who was eight to nine months pregnant, fell while attempting to board a train and sustained serious injuries. She later died during treatment, and the unborn child also did not survive.
The tribunal had awarded Rs 8 lakh as compensation for the woman’s death under provisions dealing with untoward railway incidents. It did not recognise the foetus as a separate entity for compensation. The family challenged this decision in the high court.
Allowing the appeal, the court observed that a foetus beyond a certain stage of development acquires the status of an independent life, and its loss cannot be ignored.
It noted that the death of the unborn child must be treated on par with the death of a child for the purpose of compensation.
The court further clarified that under the Railways Act, authorities are liable to compensate victims of accidents, and this liability extends to all lives lost in an incident, including that of an unborn child.
It modified the tribunal’s order and directed that separate compensation be awarded for the death of the foetus.