Allahabad High Court says foetus over five months can qualify for separate accident compensation
The Facts
- The Allahabad High Court held that an unborn child older than five months’ gestation can be treated as a “person” for compensation purposes.
- The court’s ruling allows the family to seek separate compensation for the death of the foetus.
- The judgment was delivered by Justice Prashant Kumar of the Allahabad High Court’s Lucknow bench.
- The case involved a 2018 incident at Barabanki railway station in which Bhanmati, who was eight to nine months pregnant, fell while boarding a train and later died during treatment; the foetus also died.
- The Railway Claims Tribunal had awarded compensation for Bhanmati’s death but had denied compensation for the unborn child.
- The High Court modified the tribunal’s decision and ordered additional compensation of Rs 8 lakh for the foetus’s death.
Context
What did the High Court say about an unborn child after five months of gestation?
The court said an unborn child aged five months or more can be treated as a “person” in law for the purpose of damages, and that its death can support a separate compensation claim Indian Express Times of India ThePrint.
What was the underlying accident in this case?
According to the reports, Bhanmati fell while boarding a train at Barabanki railway station on September 2, 2018. She was eight to nine months pregnant, later died during treatment, and the foetus also died Hindustan Times Times of India Pioneer.
What did the tribunal decide before the High Court appeal?
The Railway Claims Tribunal had granted compensation for the woman’s death but did not award any compensation for the foetus, which prompted the family’s appeal Hindustan Times ThePrint News9live.
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