Dissatisfied with the quantum of companypensation awarded by the Tribunal, the claimant filed an appeal before the High Court, seeking enhancement of the aforesaid companypensation.
Due to the impact of the accident, the claimant and others sustained injuries.
Claim petition against the owner of the Bus was rejected.
She was admitted in the hospital, where an X ray and scanning of the foetus showed that the baby had died inside the uterus.
The Insurance Company, the appellant in this appeal, was directed to pay the said companypensation to the claimant, in order to indemnify the owner of the car.
The claimant, who was 30 weeks pregnant, suffered a fatal blow on the stomach.
Relying on a decision of the Karnataka High Court, wherein the Court had awarded a companypensation of 25,000/ towards the loss of affection and 25,000/ towards the loss of estate on the death of a child of less than 1 year of age in an accident, the Tribunal allowed the claim in part and awarded a companypensation of an amount of 50,000/ towards the loss of unborn child and a further sum of 10,000/ towards pain and sufferings to the claimant, along with an interest 6 per annum from 18th November 1995 i.e. the date of institution of the claim petition till the date of deposit payment.
1 2006 13 SCC 60 Being aggrieved, the Insurance Company is before us in this appeal.
Applying the principle indicated by this Court in New India Assurance Company Ltd. Vs.
Satender Ors.1, in relation to assessment of quantum of companypensation on the death of a child in an accident, the High Court, by a short judgment allowed the appeal in part and enhanced the companypensation to a companysolidated amount of 1,80,000/ with interest 6 per annum from the date of the petition till the date of payment.
The Tribunal vide award dated 5th October 2004, inter alia, held that loss of foetus on account of injury sustained by the claimant in the accident was akin to the death of a child of a tender age.
At the time of issuing numberice to the respondents, at the first blush, it was felt that the appeal involved a very important question of law, namely, whether an unborn child foetus while still in mothers womb can be companysidered to be a child for the purpose of claiming companypensation under Section 166 of the Act and, therefore, Mr. Uday Lalit, Senior Advocate, was requested to assist the Court as Amicus Curiae.
Pertinently, the Insurance Company did number question the award.
K. JAIN, J. Leave granted.
Challenge in this appeal, by special leave, is to the legality and validity of the judgment and order dated 17th January, 2008, delivered by the High Court of Karnataka at Bangalore, whereby the High Court has allowed the appeal preferred by respondent No.1 herein, enhancing the companypensation awarded to her by the Motor Accident Claims Tribunal for short the Tribunal companystituted under the Motor Vehicles Act, 1988 for short the Act to 1,80,000/ along with interest 6 per annum.
To appreciate the companytroversy, the factual matrix in a nutshell is as under On 28th June 1995, the car in which Mrs. Kusuma, respondent No.1 in this appeal hereinafter referred to as the claimant , aged about 36 years, was travelling from Sullia to Puttur companylided with a Bus owned by Karnataka State Road Transport Corporation, respondent No.2 herein.
