Child In Womb During Accident Entitled To Compensation Under MV Act: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a child in womb during motor vehicle accident is also entitled to compensation under the Motor Vehicle Act (MV Act).In the present case, the Court awarded an additional compensation of Rs.9.29 lakh in a motor accident claim.Justice Suvir Sehgal noted that, "no compensation has been awarded on the account of loss of estate and loss of consortium to the claimants, which deserves to be granted...Even though, the child was in the mother's womb on the day of the unfortunate accident, he will also be entitled to compensation under MV Act"The appeal was filed by the claimants, who were the legal representatives of Rakesh Kumar, the deceased, seeking enhancement of the compensation granted by the Tribunal in 2016. Kumar's motorcycle collided with a tractor, and as a result, he succumbed to his injuries.Kumar's widow was pregnant at the time of the accident. A male child was born in November, 2015 after almost two months of the death of the deceased.After analysing the submissions and material available on record the Court noted that, the deceased and an eye witness to the accident, established the factum of the accident. The eye-witness categorically deposed that the offending tractor was being driven rashly by the accused and after collusion with the motor cycle, the tractor driver fled away from the spot leaving the tractor behind.Justice Sehgal noted that, Compensation was assessed by assuming the income of the deceased, who was running a building material shop and was 24 years of age, as Rs.6,000 per month. "Deceased was treated as a casual labourer, as there was no documentary evidence in respect to his income. Minimum wage notified by the Government of Haryana, w.e.f., 01.07.2015 for unskilled labour was Rs.5,886/- p.m. By virtue of notification dated 21.10.2015, State Government reversed the minimum monthly wage for unskilled labour to Rs.7600/-, w.e.f., 01.11.2015. Fatal accident took place on 30.09.2015. Monthly income of the deceased can safely be assumed to be Rs.7200," the Court added.It noted further that Tribunal has correctly applied a multiplier of 18, which does not require any increase. Tribunal has awarded Rs.20,000 for funeral expenses of the deceased. The judge took note of the fact that, no compensation has been awarded on the account of loss of estate and loss of consortium to the claimants, which deserves to be granted and also Kumar's widow was pregnant at the time of the accident.Referring to Magma General Insurance Co. Ltd. Versus Nanu Ram alias Chuhru Ram and others, [(2018) 18 SCC 130], the Court opened that "claimants are entitled to award under conventional heads, for future prospects, etc...head-wise various computation of compensation deserves to be modified."In the light of the above, the Court held that the appellant will be entitled to the additional compensation of Rs.9,29,000 (rounded off), which shall be payable to the appellants with interest at the rate of 7.5% p.a., from the date of filing of the claim petition.Mr. Ravi Dutt Sharma, Advocate for the appellants (in FAO-2800-2017) for respondents No. 1 and 2 (in FAO-3497-2017).Mr. Sanjay Verma, Advocate for respondent No. 1 (in FAO-2800-2017) for the appellant (in FAO-3497-2017).Title: Smt. Krishna and another v. Rameshwar and othersCitation: 2025 LiveLaw (PH) 139Click here to read/download the order

Child In Womb During Accident Entitled To Compensation Under MV Act: Punjab & Haryana High Court

Aiman J. Chishti

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