• Latest
  • Trending
  • All
  • Sport
  • Cricket
  • Odisha
Foetus In Womb Of Woman Who Dies In Accident To Be Treated As Person, Allahabad HC Says; Orders Railways To Pay Compensation

Foetus In Womb Of Woman Who Dies In Accident To Be Treated As Person, Allahabad HC Says; Orders Railways To Pay Compensation

8 months ago
Man arrested fake passport

UP Man Arrested At Bhubaneswar Airport For Holding 3 Passports Under Fake Identities

3 hours ago
‘He Is The Peace To My Hysteria’: Katrina Kaif On Vicky Kaushal’s Calming Influence

‘He Is The Peace To My Hysteria’: Katrina Kaif On Vicky Kaushal’s Calming Influence

4 hours ago
BJP march in Bhubaneswar

BJP’s ‘Save Democracy, Remove Anarchy’ March In Bhubaneswar Targets Congress, Opposition

4 hours ago
‘We Are Badnaam For No Reason’: Ananya Panday On Gen Z Stereotypes

‘We Are Badnaam For No Reason’: Ananya Panday On Gen Z Stereotypes

4 hours ago
India U-19 beat Pakistan

[Watch] Indian Boys Explode After Snatching Last-Ball Win Against Pakistan To Lift U-19 Asia Cup

5 hours ago
Lara Dutta Recalls Scary Bracelet Mishap On ‘Ramayana’ Set, Shares Video

Lara Dutta Recalls Scary Bracelet Mishap On ‘Ramayana’ Set, Shares Video

5 hours ago
Odisha CM Mohan Majhi, Union minister Shivraj Chouhan

Odisha Gets 5 Lakh More PMAY-G Houses; ‘No Poor Family Will Be Deprived Of A Home’, Says CM Majhi

5 hours ago
Varun Dhawan Was To Play Harshad Mehta

YRF Announces Its First-Ever Horror Film With Varun Dhawan In The Lead

6 hours ago
Commemorating Odisha’s Historic Trade Ties To Southeast, INSV Hariyal Sets Sail For Andamans

Commemorating Odisha’s Historic Trade Ties To Southeast, INSV Hariyal Sets Sail For Andamans

6 hours ago
Sri Sri Ravi Shankar

UMANG 2026: Sri Sri Ravi Shankar To Interact With 15,000 Odisha Students At Kalinga Stadium

6 hours ago
CBI Carries Out Raids At 33 Locations In Mahadev Online Betting Scam Case

CBI Carries Out Raids At 33 Locations In Mahadev Online Betting Scam Case

7 hours ago
KISS annual convocation

KISS-DU’s Annual Convocation: ‘Never Lose Your Curiosity’, ICJ President Tells Graduates

7 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Sunday, November 15, 2026
No Result
View All Result
OdishaBytes
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
No Result
View All Result
OdishaBytes
No Result
View All Result
Home India

Foetus In Womb Of Woman Who Dies In Accident To Be Treated As Person, Allahabad HC Says; Orders Railways To Pay Compensation

by OB Bureau
March 20, 2026
in India
Reading Time: 3 mins read
Foetus In Womb Of Woman Who Dies In Accident To Be Treated As Person, Allahabad HC Says; Orders Railways To Pay Compensation

Oplus_131072

491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

Lucknow: In a landmark judgement, the Lucknow bench of the Allahabad High Court directed the Railway Claims Tribunal to clear payment of an additional compensation of Rs 8 lakh for the loss of an eight-nine-month-old foetus who died along with the mother, when the latter was trying to board a train in 2018.

The tribunal had, in February last year, ordered the railways to pay Rs 8 lakh for the death of the pregnant woman.

ADVERTISEMENT

The bench of Justice Prashant Kumar, however, observed: “…an unborn child aged five months onwards in the mother’s womb till its birth can be treated as equal to a child in existence. The unborn child, who dies in the womb, can be held to be a ‘person’ who can be the subject of an action for damages for his death.”
“Since the foetus is treated as a child, hence death of a foetus/child would be treated as an independent accident apart from the death of the mother. Thus, the claimants are also entitled to get the additional compensation of Rs 8,00,000 for the loss of foetus,” the Court further said.

It was hearing a petition against a judgment of the Lucknow bench of the tribunal that ordered the railways to pay a compensation of Rs 8 lakh for the death of pregnant passenger, Bhanmati, but did not consider the loss of the foetus, as reported by The Indian Express.

Bhanmati was boarding the Marudhar Express at Barabanki railway station for travelling to Bandikui station in Rajasthan’s Dausa district on September 2, 2018, the petition stated. She had a second-class reservation ticket. While boarding the train, she fell from the train and sustained serious injuries.

She was rushed to Barabanki district hospital, where she died during treatment. At the time of death, she was carrying a male foetus of about eight to nine months that passed away, the petition stated.

Family members filed a claim petition before the tribunal on March 29, 2019. The tribunal concluded that the deceased Bhanmati was a bona fide passenger and the death had occurred by falling while she was boarding the train. The accident clearly falls within the ambit of an untoward accident as defined under the relevant sections of the Railway Act, 1989, and accordingly, the tribunal granted a compensation of Rs 8 lakh in its order on February 18 last year.

The petitioner’s counsel quoted previous judgments regarding compensation for the loss of a foetus in an accident, but the counsel appearing for the railways opposed the same, stating that since the unborn child is not included in the section, no compensation would be awarded to him. The counsel also quoted a judgment and justified the tribunal for rightly rejecting the claim of the unborn child, in support of the tribunal’s ruling.

“Human foetus to whom personhood could be attributed was also destroyed in the accident in the instant case; had the accident not occurred the unborn child would have survived and seen the light of the day,” Justice Kumar observed after hearing both sides.

“The rights of the child in the mother’s womb are well protected by laws of the land as the foetus is another life in the pregnant woman and loss of foetus is actually a loss of child. Thus, this court has no hesitation in holding that an unborn child aged more than five months onwards in the mother’s womb till its birth is treated as equal to a child in existence,” the Court added.

The unborn child is held to be a ‘person’ who can be the subject of an action for damages for his death, the Court further added. The appellants are, therefore, entitled to compensation for the loss of foetus, independently treating the foetus as a child, the Court said.

“The judgment and award passed by the Railway Claims Tribunal, Lucknow Bench is modified to the extent that a compensation of Rs 8,00,000/- along with the same interest as awarded to the mother of the foetus shall further be awarded towards the death of the foetus, which was caused during the course of the accident as per schedule under the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990,” the HC ruled.

Share196Tweet123
ADVERTISEMENT
Previous Post

Security Forces Closing In On Most-Wanted Sukru In Dense Forests: Odisha DGP

Next Post

As ‘Dhurandhar 2’ Dominates Box Office This Eid, Salman Eyes Grand Eid Comeback In 2027: Report

OB Bureau

OB Bureau

Related Posts

India U-19 beat Pakistan

[Watch] Indian Boys Explode After Snatching Last-Ball Win Against Pakistan To Lift U-19 Asia Cup

by OB Bureau
November 14, 2026

New Delhi: Indian boys snatched victory from the jaws of defeat to lift the Under-19 Asia Cup trophy at Oman’s Al...

Odisha CM Mohan Majhi, Union minister Shivraj Chouhan

Odisha Gets 5 Lakh More PMAY-G Houses; ‘No Poor Family Will Be Deprived Of A Home’, Says CM Majhi

by OB Bureau
November 14, 2026

Bhubaneswar: The Central government has approved an additional five lakh houses for Odisha under the Pradhan Mantri Awas Yojana-Gramin (PMAY-G)...

Commemorating Odisha’s Historic Trade Ties To Southeast, INSV Hariyal Sets Sail For Andamans

Commemorating Odisha’s Historic Trade Ties To Southeast, INSV Hariyal Sets Sail For Andamans

by OB Bureau
November 14, 2026

Goa: The 40-ft sailing vessel Indian Naval Sailing Vessel (INSV) Hariyal has set off on an exciting voyage from Goa...

CBI Carries Out Raids At 33 Locations In Mahadev Online Betting Scam Case

CBI Carries Out Raids At 33 Locations In Mahadev Online Betting Scam Case

by OB Bureau
November 14, 2026

New Delhi: It carried out raids at 33 locations across six states in the last few days as part of...

Next Post
As ‘Dhurandhar 2’ Dominates Box Office This Eid, Salman Eyes Grand Eid Comeback In 2027: Report

As ‘Dhurandhar 2’ Dominates Box Office This Eid, Salman Eyes Grand Eid Comeback In 2027: Report

OMC-Ad OMC-Ad OMC-Ad
SAI International School SAI International School SAI International School
OdishaBytes

Copyright © 2026 Frontier Media

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • News Feed

Follow Us

No Result
View All Result
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review

Copyright © 2026 Frontier Media