Tour operator requested payment of Rs. 10L to wife for miscarriage following accident

In what may be the first of these kinds of orders, a motor accident claims tribunal recently ordered a tours and travel company to pay approximately Rs 10 lakh in compensation with interest to a woman who is now 40 years old and who lost her pregnancy seven months into it after a speeding car crashed head-on into her husband's motorbike in Goregaon in 2014. The woman noted that a foetus in its mother's womb up until birth can be treated as equal to a child in existence.

She gave birth to a boy who was stillborn and her husband perished in the tragedy. Husband and wife were employed at a global corporation.

Given that her spouse perished in the accident, the woman was granted a settlement of almost Rs 2.4 crore, plus interest, in a different ruling. She was also given compensation for her head injuries in a third order, worth about Rs 24 lakh with interest. Amol Tours & Travels, located in Goregaon, would be required to pay the compensation.

The tribunal stated in the fetus-related order that, contrary to the current situation, there have been multiple cases of premature delivery occurring in the seventh month of pregnancy and the kid surviving.

"There is punishment for the offence of miscarriage. Therefore the mother is entitled to compensation for pain and suffering, loss of amenity and enjoyment of life," Manish S. Agrawal, a member of the tribunal, A compensation of Rs 2 lakh was given for pain and suffering, Rs 1 lakh for loss of amenity, and Rs 3 lakh for loss of childbirth and enjoyment of life.

The panel declared that the unborn kid may be considered a "person" and that his death could give rise to a lawsuit for damages. "Had the accident not occurred the child would have seen the light of the day," the court said.


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