The Punjab & Haryana High Court has ruled that a child in the womb during a motor vehicle accident is entitled to compensation under the Motor Vehicle Act (MV Act). In a significant decision, the Court awarded an additional compensation of Rs. 9.29 lakh in a motor accident claim.
Justice Suvir Sehgal stated:
"No compensation has been awarded on the account of loss of estate and loss of consortium to the claimants, which deserves to be granted... 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 MV Act."
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Case Background
The case involved an appeal filed by the claimants, the legal representatives of Rakesh Kumar, who tragically lost his life in a motor accident. The accident occurred on September 30, 2015, when Kumar's motorcycle collided with a tractor driven carelessly by the respondent. As a result of the collision, Kumar succumbed to his injuries. At the time of the accident, his wife was pregnant, and she later gave birth to a male child in November 2015.
The claimants sought an enhancement of the compensation initially granted by the Motor Accident Claims Tribunal (MACT) in 2016. The tribunal had awarded them Rs. 8.84 lakh, which they contested as inadequate.
The Court examined the case, analyzing the submissions and material evidence, including testimony from an eyewitness, Sudesh Kumar. He confirmed that the accident was caused by the reckless driving of the tractor driver, who fled the scene, abandoning the vehicle.
Justice Sehgal noted that:
"The compensation was assessed based on the deceased’s assumed income. Despite running a building material shop, he was treated as a casual laborer due to a lack of documentary evidence. The minimum wage notified by the Government of Haryana for unskilled labor in July 2015 was Rs. 5,886 per month, later revised to Rs. 7,600 per month in November 2015. Given these circumstances, the deceased's monthly income was safely assumed to be Rs. 7,200."
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Applying a multiplier of 18, the Court recalculated the compensation. The Tribunal had initially awarded Rs. 20,000 for funeral expenses but had not granted any compensation for the loss of estate and loss of consortium. Recognizing this omission, the High Court revised the compensation as follows:
| Heads | Amount (Rs.) |
|---|---|
| Monthly Income | 7,200 |
| Future Prospects (40%) | 2,880 |
| Deduction for Personal Expenses (1/4) | 2,520 |
| Total Monthly Income | 7,560 |
| Multiplier | 18 |
| Annual Dependency | 16,32,960 |
| Loss of Consortium | 1,44,000 |
| Funeral Expenses | 18,000 |
| Loss of Estate | 18,000 |
| Total Compensation | 18,12,960 |
| Less: Tribunal Award | 8,84,000 |
| Enhanced Compensation | 9,28,960 |
The Court held:
"In light of the legal precedents, including Magma General Insurance Co. Ltd. vs. Nanu Ram alias Chuhru Ram & Others [(2018) 18 SCC 130], claimants are entitled to compensation under conventional heads, including future prospects."
The High Court concluded that the appellants are entitled to an additional compensation of Rs. 9,29,000, which will be paid with an interest rate of 7.5% per annum from the date of filing of the claim petition.
With this ruling, the Punjab & Haryana High Court has reinforced the legal principle that an unborn child also qualifies for compensation in motor accident claims, ensuring financial security for the affected family.
Mr. Ravi Dutt Sharma, Advocate for the appellants (in FAO-2800-2017) for respondents No. 1 and 2 (in FAO-3497-2017).
Mr. Sanjay Verma, Advocate for respondent No. 1 (in FAO-2800-2017) for the appellant (in FAO-3497-2017).
Title: Smt. Krishna and another v. Rameshwar and others
