28-Week-Old Foetus To Be Treated As Child: Punjab And Haryana High Court Enhances Motor Accident Compensation For Death Of Unborn Child

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Published 6 November 2026

Case: Not stated in source
Court: High Court of Punjab and Haryana
Bench: Not stated in source
Citation: Not stated in source
Source: Verdictum

Bottom Line Up Front (BLUF)

The Punjab and Haryana High Court, considering an appeal by parents, enhanced motor accident compensation for the death of a 28-week-old foetus, holding that it should be treated as a child for compensation purposes. The court addressed the Motor Accident Claims Tribunal's award.

Ratio Decidendi · Legal Principle Established

A 28-week-old foetus is to be treated as a child for the purpose of awarding motor accident compensation in cases of death.

Practice & Procedural Impact for Advocates

Advocates should argue for compensation for unborn children, particularly those at an advanced gestational stage, in motor accident claims. Litigants should be aware that the death of a foetus can lead to a claim for compensation, similar to that of a born child.

Key Legal Takeaways

1A 28-week-old foetus is considered a child for motor accident compensation.
2Motor Accident Claims Tribunals must consider compensation for unborn children.
3Parents can appeal inadequate compensation awards for the death of an unborn child.

The Legal Issue The Punjab and Haryana High Court considered an appeal filed by parents (appellants-claimants) who were dissatisfied with the compensation awarded by the Motor Accident Claims Tribunal. The core issue revolved around the appropriate compensation for the death of a 28-week-old foetus in a motor accident, and whether such a foetus should be treated as a 'child' for the purpose of calculating compensation.

Court's Reasoning The High Court held that a 28-week-old foetus should be treated as a child for the purpose of awarding motor accident compensation. This determination led the court to enhance the compensation amount initially awarded by the Motor Accident Claims Tribunal. The court's reasoning implies that the potential for life and the emotional loss to the parents due to the death of a foetus at such an advanced stage of gestation warrant compensation akin to that for a born child.

What Follows The Punjab and Haryana High Court enhanced the motor accident compensation for the appellants-claimants. The specific directions regarding the enhanced amount or any further proceedings were not detailed in the source, but the outcome is an increased award for the parents.