Punjab and Haryana High Court Rules Parents Can Claim Compensation For Unborn Child

The Punjab and Haryana High Court has ruled that parents can claim <b>compensation under the Motor Vehicles Act, 1988</b> for the death of an unborn child in a road accident. Justice Parmod Goyal held that a <b>28-week foetus</b> must be treated as a child for this purpose. The ruling set aside a 2000 award by the Motor Accident Claims Tribunal in Panchkula, which had dismissed the parents' claim as not maintainable. The accident occurred on June 8, 1997, when a scooter struck the 28-week pregnant woman on the Chandigarh-Panchkula road, causing multiple injuries and the subsequent death of the unborn child. The Court noted that the Tribunal erred by denying compensation despite establishing that the accident resulted from the scooter driver's <b>rash and negligent driving</b>.