Observing that from five months a foetus in its mother’s womb till birth can be treated as equal to a child in existence, a motor accidentclaims tribunal, in perhaps the first such order, recently directed a tours and travel company to pay around Rs 10 lakh compensation with interest to a now 40-year-old woman who had a miscarriage seven months into her pregnancy when a speeding car rammed head on into the bike her husband was riding in Goregaon in 2014.
Her husband died in the accident and she gave birth to a stillborn boy. Both husband and wife worked for a multinational company.
In a separate order, the woman was awarded a compensation of around Rs 2.4 crore with interest as her husband died in the accident. In a third order, she too was awarded a compensation of around Rs 24 lakh with interest for the head injuries she suffered. The compensation will have to be paid by Goregaon-based Amol Tours and Travels.
In the order related to the foetus, the tribunal said in several instances premature delivery takes place during the seventh month of pregnancy and the child survives which did not happen in the current case.
“There is punishment for the offence of miscarriage. Therefore the mother is entitled to compensation for pain and suffering, loss of amenity and enjoyment of life,” tribunal member Manish S Agrawal said. While Rs 2 lakh was awarded towards compensation due to pain and suffering, Rs 1 lakh was towards loss of amenity and Rs 3 lakh towards enjoyment of life and loss of child.
The tribunal said the unborn child can be held to be a “person” who can be the subject of an action for damages for his death. “Had the accident not occurred the child would have seen the light of the day,” the tribunal said.
