New Delhi, August 16: Delhi High Court has granted Rs 5 lakh as compensation to a man whose 27-year-old pregnant wife, a police constable, tragically lost her life in a road accident. The court's decision stems from the perspective that the loss of a foetus within a pregnant woman signifies the loss of a potential life, akin to the loss of a child.
Husband not only lost his wife but also the child
The judgement, delivered by Justice Navin Chawla, underlines that the husband not only lost his wife but also the child they were expecting, creating a profound loss for him.
The incident occurred in July 2013 when the Uttar Pradesh Police constable was riding as a pillion passenger on a motorcycle with her colleague. A speeding truck collided with the motorcycle, resulting in her demise due to severe injuries sustained in the accident.
Court found the compensation awarded by the Tribunal insufficient
In this case, the court found the compensation awarded by the Motor Accidents Claims Tribunal insufficient. The initial compensation of Rs 2.5 lakh for the loss of an eight-month-old foetus was deemed inadequate by the judge, who directed an enhanced compensation of Rs 5 lakh to be paid by the insurer.
Deserved a more fitting compensation
The court's ruling was based on the belief that the husband deserved a more fitting compensation for the loss of his wife and the unborn child. The tribunal's original decision had attributed the constable's death to negligent driving and awarded compensation based on a fraction of her income, along with an additional sum of Rs 2.50 lakh for the loss of the foetus.
Loss of the foetus
The husband argued that the initial compensation for the loss of the foetus was insufficient considering he was anticipating his first child with his now-deceased wife. He said that his entire family was profoundly affected by the accident, leading to the unfortunate loss of both his wife and their unborn child.
