Man entitled to compensation for death of unborn child: HC

They had sought enhancement of the Rs three lakh compensation awarded by the Motor Accident Claims Tribunal at Thodupuzha.

Manikuttan’s pregnant wife was killed while she was riding pillion on his motorcycle.

Disagreeing with the court’s earlier views on the issue that the loss of foetus should be taken as injury suffered by the woman who met with an accident, the bench held that though the foetus grew in the body of a woman, it cannot be equated with or considered part of her body.

The loss of the foetus consequent to the death of the pregnant woman is actually the loss of a child in the offing for the woman’s husband, the judges observed.

Death of a pregnant woman in a motor accident case is the loss of two lives, and the husband was entitled to claim compensation separately for his wife and yet-to-be-born child, they held.

The accident occurred when the woman was riding pillion on a two wheeler and there was contributory negligence on the rider’s part thus resulting in reduction in the entitlement for the compensation amount.

The court granted separate compensation of Rs 10,000 to the husband for the death of the foetus and Rs 5,000 to the woman’s mother holding that the loss of foetus to her was the loss of a grandchild.