Allahabad High Court Awards 8 Lakh Compensation for Loss of Unborn Child in Train Accident

The Allahabad High Court directed Indian Railways to pay ₹8 lakh compensation for the death of a foetus following a fatal train accident involving a pregnant woman.

The Court held that an unborn child aged five months or more is equivalent to a child in existence and possesses protected legal rights.

Clarifying that while the Railways Act does not explicitly mention "foetus," such cases fall under Section 124A as an "untoward incident."

Emphasizing that the loss of a foetus is an independent loss of life, the Bench ruled that claimants are entitled to damages separate from the compensation awarded for the mother's death.

[Shri Sukhnandan v. UOI Thru. General Manager Northern Railway Baroda House, New Delhi]