Chandigarh: The Punjab and Haryana High Court has, in a significant ruling, enhanced compensation for the family of a deceased accident victim while recognising his unborn child’s right to compensation under the Motor Vehicles Act 1988.
Justice Suvir Sehgal’s 6 March ruling more than doubled the compensation initially granted by a Motor Accident Claims Tribunal (MACT) to Rs 18.13 lakh. It awarded Rs 48,000 under the head of “loss of consortium” to the child, alongside the widow and the deceased’s mother, recognising the emotional and financial loss suffered by all three dependents.
The ruling pertains to two connected appeals arising from a road accident in 2015. A copy of the judgment was only made available Tuesday.
On 30 September 2015, Rakesh Kumar, a 24-year-old shop owner, was killed when a Mahindra Tractor driven by the respondent, Rameshwar, rammed into his motorcycle.
Kumar was declared dead upon arrival at a Kaithal hospital. An FIR was registered the following day under Sections 279 (rash driving) and 304-A (causing death by rash or negligent act not amounting to culpable homicide) of the Indian Penal Code at Pundri police station.
Kumar’s widow and his mother filed a claim petition under Section 166 of the Motor Vehicles Act before the MACT in Kaithal.
On 15 October 2016, the tribunal awarded Rs 8.84 lakh as compensation, holding Rameshwar, the owner-cum-driver, liable with an interest rate of 7 percent per annum.
Dissatisfied with the amount, the claimants appealed for enhancement, while Rameshwar challenged the liability.
Justice Suvir Sehgal, in a detailed judgment, disposed of both appeals, significantly increasing the compensation to Rs 18.13 lakh, an enhancement of Rs 9.29 lakh, with an interest rate of 7.5 percent per annum from the date of filing the claim petition.
The court upheld the tribunal’s finding of rash driving by Rameshwar, supported by eyewitness testimony from Sudesh Kumar, the deceased’s brother, and dismissed the one-day delay in FIR registration as inconsequential, citing the Supreme Court’s ruling in Ravi v. Badrinarayan.
A standout feature of the ruling is the court’s recognition of the rights of Rakesh Kumar’s unborn child.
At the time of the accident, his widow was pregnant. She gave birth to a son on 18 November 2015, nearly two months after her husband’s death.
Justice Sehgal explicitly noted, “Even though the child was in the mother’s womb on the day of the unfortunate accident, he will also be entitled to compensation under the Motor Vehicles Act.”
This decision underscores the court’s interpretation that a child in utero at the time of a parent’s death is a dependent entitled to compensation, broadening the scope of legal protection under the Act.
(Edited by Gitanjali Das)
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Wait till they now use the law of rights of unborn child to dismantle the abortion protection laws for women.
This has already been done in US