Accident--Child in Womb--Foetus of Five Months or More Is a 'Person'; Death Attracts Independent Compensation Under Railways Act
A foetus of five months or more in the womb is treated as a child in existence for the purpose of compensation. Though the Railways Act, 1989 does not specifically mention "foetus," the death of a foetus falls within Section 124A, attracting statutory liability of the Railways. Loss of a foetus is an independent accident, separate from the death of the mother, entitling claimants to separate compensation of Rs.8,00,000 under the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990.
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