NISHANT
Compensation under Motor Vehicles Act 1988 for Loss of Foetus in motor accident
NISHANT MEHROTRA 13 Jan 2018

Compensation under Motor Vehicles Act 1988 for Loss of Foetus in motor accident

KERALA HIGH COURT(Full Bench)

Abhulasees
Versus
Abdumanaf
[M.A.C.A. No. 2027 of 2011, decided on 22nd March, 2017]

    (i) Motor Vehicles Act, 1988, Section 166-Compensation - Loss of baby- Foetus as a child - Pregnancy advanced by eight months- Foetus attaining full viability - Parents/Claimants/appellants entitled to compensation for loss of baby treating foetus as child - Held, in all cases where pregnancy has advance beyonnd "six months" and if any miscarriage occurs because of road traffic accident, it is open to claim compensation in respect of loss of baby, treating the foetus as viable child, apart from compensation payable under other appropriate heads.

(ii) Motor Vehicles Act, 1988, Section 166 - Code of Civil Procedure, 1908, Section 2(1) - Compensation - Loss of foetus- Legal representatives- Maintainability of Claim petition- Claim petition filed by husband and wife- Held, claimants (husband and wife) who filed claim petition in respect of "loss of foetus" could be deemed as legal representatives of foetus, treating "foetus" as a "child" to award compensation under the statute. 

   (iii) Motor Vehicles, Act, 1988, Section 166 - Quantum of compensation - Foetus/still born child- Could be equated a a living child - Quantum of damages fixed could be ordered to be given to husband and wife - In case of demise of children up-to 5 years a minimum compensation of 1 lac has to be paid - Claimants entitled to get above minimum compensation of 1 lac for loss of foetus Tribunal awarded 50,000/- Balance compensation comes to Rs. 50,000/- Interest awarded at 9% p.a.
Did you find this write up useful? YES 1 NO 0
Send
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.