Pregnant Wife Killed In Accident, Man Gets "Loss Of Foetus" Compensation

The Delhi High Court has awarded Rs 5 lakh as compensation to a man who lost his 27-year-old pregnant wife, a police constable, in a road accident, saying he is entitled to the amount for the "loss of the foetus" carried by the woman.

Justice Navin Chawla said a foetus is another life in a woman and its loss is actually a loss of a child in the offing and the husband of the deceased "lost his entire family in the accident, including the child whom he could never see".

The Uttar Pradesh Police constable died in July 2013 as a result of injuries she suffered after a truck at high speed hit a motorcycle on which she was riding with her colleague from behind. The constable was riding pillion.

The court opined that the husband was entitled to a "just" compensation.

Stating that the Motor Accidents Claims Tribunal's decision to give a compensation of Rs 2.5 lakh for loss of the eight-month-old foetus was not adequate, the judge directed that an enhanced compensation of Rs 5 lakh be given by the insurer.

"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 court said in a recent order.

"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 judge ordered.

The court's order came on an appeal by the husband against the amount of compensation granted by the tribunal.

The tribunal had held that the constable died due to the negligent driving and awarded compensation to the husband on the basis of the "loss of estate at 1/3rd of the income of the deceased".

It had further also awarded a sum of Rs 2.50 lakh towards the death of the foetus.

The appellant argued before the high court that the tribunal erred in restricting the compensation towards the death of the foetus only to Rs 2.50 lakh as he was expecting his first child with his deceased wife and his entire family "wiped-out" in the accident.

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