ORIENTAL INSURANCE CO LTD Vs. SANTHILAL PATAL

JUDGEMENT

(1.) The Oriental Insurance Company filed this appeal questioning the order dated 17-2-1997 passed in M.V.O.P. No.560 of 1995 by the Chairman, Accidents Claims Tribunal-cum-IV Additional District Judge, Chittoor at Tirupati awarding compensation of Rs.50,000/- under the head of 'no fault liability' for the death of an unborn child in favour of the first respondent herein.

(2.) The first respondent herein is the claimant in M.V.O.P. No.560 of 1995 filed under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation of Rs.50,000/- on the ground that his wife and unborn child, who was about 10 months old in the womb of his wife, died in an accident that occurred on 19-7-1995 due to rash and negligent driving of the driver of the car bearing No.KA 04 M 6279 belonging to the second respondent herein and insured with the appellant - insurance company herein.

(3.) It is the case of the claimant that he is the father of the child aged about 10 months in the womb of his wife at the time of the accident. It is his further case that on 19-7-1995 at about 4.20 p.m. while his deceased wife along with her two minor sons were travelling in a rickshaw on Tirupati - Renigunta Road, the driver of the car drove the vehicle in a rash and negligent manner endangering the human life on the public road and hit the rickshaw from behind, then passed ahead touching the right side body of the van belonging to one Nagamurali and also hit a cyclist, who also received injuries and then stopped in front of Shiva Garage, as a result of which the wife of the claimant, his two children all received severe grievous and multiple injuries. They were immediately shifted to SVRR GG Hospital, Tirupati where it was declared that the wife of the claimant and his unborn male child in the womb, died and it was found that the baby was 10 months in the womb with 2.7 Kgs weight and was counting days for delivery. It is stated that had the accident not occurred the child in the womb and his wife would have been alive and thus, the claimant, being the father of the child, filed the petition claiming compensation under the head 'no fault liability'. A separate claim petition was filed for the death of his wife.