“Unborn Child is a Separate Life, Not Part of Mother”: HC Awards ₹8 lakh compensation

Recently, the Allahabad High Court stepped in to address whether the loss of an unborn child can be independently compensated under statutory law. The Court examined the legal status of a foetus and the extent of liability of the Railways, setting the stage for a crucial determination on whether an unborn life is entitled to recognition in compensation jurisprudence.

The controversy began when a pregnant woman, travelling with a valid ticket on the Marudhar Express, fell while boarding the train at Barabanki station in 2018 and later died during treatment. At the time of the incident, she was carrying an 8–9-month-old foetus, which also did not survive. While the Railway Claims Tribunal granted ₹8 lakh compensation for the woman’s death, it declined any amount for the unborn child. Challenging this omission, the family approached the High Court, arguing that the loss of the foetus amounted to the loss of a separate life. The Railways, however, resisted the claim, contending that the statutory framework under the Railways Act did not recognise an unborn child as a separate claimant eligible for compensation.

The Court emphasised that once a foetus crosses a certain stage of development, it acquires legal recognition akin to a living person. The Court noted, “the unborn child to whom the live birth never comes is held to be a ‘person’ who can be the subject of an action for damages for his death.” It further emphasised that the foetus is not merely part of the mother’s body but represents an independent life, stating that its loss is “actually a loss of a child.”

The Bench clarified that even though the term “foetus” is not expressly mentioned under the Railways Act, such cases fall within the ambit of “untoward incidents” under Section 124A of the Railway Act, 1989, thereby attracting liability. Importantly, it held that the death of the unborn child constitutes an independent compensable event, separate from the death of the mother.

Consequently, the Court modified the Tribunal’s award and directed payment of an additional ₹8 lakh for the loss of the foetu. 

Case Title: Shri Sukhnandan vs. Union of India Thru. General Manager Northern Railway Baroda House New Delhi

Case No.: First Appeal From Order No. - 174 Of 2025

Coram: Hon'ble Justice Prashant Kumar

Advocate for the Petitioner:  Mahendra Kumar Misra

Advocate for the Respondent:  Amrita Singh,  Mahendra Kumar Misra

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