ABHULASEES Vs. ABDUMANAF

JUDGEMENT

(1.) Whether a 'still born child' in the womb of the mother can be treated as an individual, to be awarded compensation pursuant to the death occurred in a road traffic accident; is the question mooted in this case. By virtue of the law declared by a Division Bench of this Court in Oriental Insurance Co. Ltd. v. Rasheed, 2004 (3) K.L.T. 552, it was held that such a situation can result only in loss on injury and that compensation can be awarded, as if it were an 'injury case'; whereas another Division Bench in Manikuttan v. Baby , 2008 (4) K.L.T. 539 has held that the foetus has to be reckoned as a living child and compensation has to be given accordingly.

(2.) Apparently, the conflicting views taken by the two Division Benches as above, made a subsequent co-ordinate Bench to doubt the correctness of the legal proposition, leading to the order dated 28-5-2015 referring the same to be considered by a Full Bench. The matter is listed accordingly.

(3.) Heard Sri V. Krishna Menon, the learned counsel appearing for the appellants/claimants as well as Smt. Deepa George, learned counsel representing the 3rd respondent Insurance Company, at length.