MALABIKA DUTTA Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THE following interesting question arises in this appeal. Whether compensation can be awarded for loss of foetus and what should be the compensation in such cases?

(2.) A number of Judgments have been cited and the first question is whether compensation should be granted for loss of foetus. I am clearly of the view that compensation must be granted for loss of a foetus. What is the compensation to be granted will depend upon the evidence led in each case with regard to the age and health of the foetus, if any.

(3.) MOST of the other High Courts have taken the view that compensation can be claimed for loss of the foetus also. The Karnataka High Court in Divisional Controller, B.T.S. Division, Karnataka State Road Trans. Corpn. v. Vidya Shindhe, : 2005 ACJ 69 was dealing with a matter where a pregnant woman suffered grievous injuries. Evidence was led that she was carrying a foetus which had completed 37 weeks. A stillborn child was born two days after the accident. The High Court held that the foetus of 37 weeks for all purposes was equal to a stillborn child and therefore, awarded Rs. 1,50,000/ -. In Bhawaribai and another v. New India Assurance Co. Ltd. and another, : 2006 ACJ 2085 following the earlier Judgment and award of Rs. 1,50,000/ - was made for loss of foetus, but no reasoning is there in this Judgment.