Chandigarh MACT awards compensation to couple for loss of foetus in accident

The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed an insurance company to pay Rs 1.8 lakh compensation to a couple for the loss of a foetus in the womb of the woman following a road accident four years ago.

Neha Garg had filed a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation for the loss suffered in the accident.

On June 8, 2022, Neha was travelling from her home in Zirakpur to Moga in the front seat of a car driven by her husband, Amulya Gupta. She was pregnant and carrying a six-week-old foetus.

When they reached GT Road, National Highway No. 1, near Khanna, a car allegedly came from behind at a high speed and hit their vehicle. Their car overturned, causing serious injuries to Neha, who subsequently lost the foetus. She was taken to a hospital for treatment. The driver of the other car fled the spot.

The accident was alleged to have occurred due to rash and negligent driving, and an FIR was registered at Police Station Sadar Khanna, Ludhiana.

Neha claimed that she had suffered an irreparable loss due to the “untimely elimination” of the six-week-old foetus and sought Rs 10 lakh in compensation along with 12 per cent interest.

Her counsel argued that the foetus had the status of a living child and that compensation could be assessed on the basis of notional income and the applicable multiplier.

The insurance company opposed the claim, arguing that the petition was not maintainable and that the driver did not possess a valid licence, constituting a breach of the insurance policy. It also contended that the abortion was not a direct consequence of the alleged rash and negligent driving.

The Tribunal, however, found that documentary evidence established that Neha was pregnant and that the foetus was six weeks and four days old. It held that the loss of the foetus had a direct nexus with the accident.

Citing judgments of higher courts, the Tribunal observed that an unborn child, to whom live birth never comes, can be treated as a “person” and can be the subject of an action for damages for death.

The petition was partly allowed, with the Tribunal holding that both claimants were entitled to Rs 1.8 lakh, along with simple interest at 9 per cent per annum from the date of institution of the petition until realisation, with yearly rests.

In separate petitions, Neha, her husband and others were also awarded compensation for the injuries suffered in the accident.