Lucknow, March 21: The Lucknow bench of the Allahabad High Court has made a significant ruling, stating that an unborn child over five months of gestation will be recognized as a person under the law. The court has also mandated separate compensation for the death of such a child, clarifying that the loss of a fetus is considered a loss of independent life.
Justice Prashant Kumar delivered this verdict following a hearing on an appeal filed by Sukhnandan. The appeal challenged the Railway Claims Tribunal’s order from February 18, 2025. The case originated from an incident on September 2, 2018, when a woman named Bhanmati fell while boarding a train at the Barabanki station. Tragically, she succumbed to her injuries in the hospital, and at the time, she was eight to nine months pregnant, resulting in the death of her unborn child as well.
The Railway Claims Tribunal had initially awarded ₹8 lakh in compensation solely for the woman’s death, without providing any compensation for the unborn child. The family contested this decision in the High Court.
The High Court referenced various rulings from other High Courts and legal principles, asserting that a fetus is indeed a separate life. The court stated that if the death of the unborn child occurs due to an accident, it should be treated as equivalent to the death of a child. The court further clarified that under the Railway Act, the railway’s liability extends to providing compensation in cases of unforeseen accidents. Consequently, the court amended the Tribunal’s order, directing an additional ₹8 lakh in compensation for the death of the unborn child, bringing the total compensation to ₹16 lakh, subject to the previously established interest rate.
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