Delhi HC Grants Rs 5 Lakh For ‘Foetal Loss’ In Road Mishap

The Delhi High Court has recently granted a compensation of Rs 5 lakh to a man who suffered the tragic loss of his 27-year-old pregnant wife, a police constable, due to a road accident.

The court affirmed that he is entitled to this amount for the “loss of the foetus” carried by the deceased woman.

Justice Navin Chawla articulated that a foetus constitutes a distinct life within a woman, and its demise signifies the loss of a potential child. The judge emphasized that the husband, who tragically lost his entire family, including the unborn child, in the accident, warrants a “just” compensation.

Citing the inadequacy of the Motor Accidents Claims Tribunal’s decision to award Rs 2.5 lakh as compensation for the loss of the eight-month-old foetus, the judge directed the insurer to provide an elevated compensation of Rs 5 lakh.
The Uttar Pradesh Police constable met her untimely demise in July 2013 as a result of injuries sustained in a collision involving a speeding truck and the motorcycle she was riding on with a colleague.

The constable was a passenger on the motorcycle. The court opined that the husband deserved an augmented compensation.

The court stated in a recent order, “There can be no doubt that the appellant herein is entitled to compensation that may be found ‘just’ for the loss of the foetus carried by the deceased at the time of the accident/her death.”

The judge ordered, “Keeping in view the facts of the present case, I find the compensation of Rs 2,50,000 awarded by the learned tribunal to be inadequate. The same shall stand enhanced to Rs 5,00,000.”

The court’s decision was issued in response to an appeal filed by the husband contesting the amount of compensation granted by the tribunal.

The tribunal held that the constable’s demise resulted from negligent driving and calculated the compensation for the husband based on the “loss of estate at 1/3rd of the income of the deceased.”

Further, it also awarded a sum of Rs 2.50 lakh towards the death of the foetus.

The appellant contended before the high court that the tribunal erred in limiting the compensation for the loss of the foetus to Rs 2.50 lakh. He asserted that he was expecting his first child with his late wife and that the accident tragically resulted in the loss of his entire family.