Allahabad High Court Orders Railways To Pay INR 8 Lakh for Death of Unborn Child in 2018 Train Accident
The Allahabad High Court ordered Indian Railways to pay INR 8 lakh in compensation for a foetus killed in a 2018 train accident. The court ruled that a foetus aged five months or more possesses "personhood" and its death constitutes an independent loss separate from the mother. This aligns with precedents treating an unborn child as a legal person.
Mumbai, March 20: In a significant legal ruling, the Allahabad High Court has directed the Indian Railways to pay INR 8 lakh in additional compensation for the death of a near-term foetus following a fatal railway accident. The court ruled that a foetus aged five months or older possesses "personhood" and must be treated as a distinct life, independent of the mother, for the purpose of assessing damages. This decision, delivered by Justice Prashant Kumar, underscores the legal protections afforded to unborn children under Indian statutes.
The case, Shri Sukhnandan v. Union of India, stems from a 2018 incident involving a pregnant woman who died while attempting to board the Marudhar Express at Barabanki, destined for Bandikul Railway Station. At the time of the "untoward incident," the woman was approximately 8 to 9 months pregnant. ‘Daughter’s Pregnancy Outside Wedlock for an Average Indian Is a Nightmare’: Allahabad High Court Upholds Life Term of Couple Who Killed Pregnant Minor Daughter and Tenant in 2014.
In 2025, a Railway Claims Tribunal had originally awarded INR 8 lakh to the woman's family for her death. However, the family subsequently moved to the High Court, seeking further compensation specifically for the loss of the unborn child.
Foetus Defined as a 'Person' for Damages
Justice Prashant Kumar relied on the Supreme Court's precedent in Kamna Sharma v. Union of India to establish the legal status of the foetus. The Court observed that an unborn child aged five months and above in the womb is effectively a child in existence. "Human foetus to whom personhood could be attributed was also destroyed in the accident," the Court stated in its ruling. The Bench further clarified that had the accident not occurred, the child would have survived to "see the light of the day". Consequently, the court held that the loss of a foetus constitutes the loss of a child, entitling the family to independent compensation.
Liability Under the Railways Act
The Indian Railways contested the claim, noting that the word "foetus" is not explicitly mentioned in the Railways Act. However, the Court rejected this technicality, placing the case within the ambit of Section 124A of the Act.
The Bench ruled that:
- The death occurred due to an "untoward incident" as defined by railway law.
- The Railways maintains a statutory liability to pay for such losses.
Because the foetus is treated as a child, its death is considered an "independent accident" separate from the death of the mother. Allahabad High Court Grants Bail to Man Accused of Posting ‘Pakistan Zindabad’ Following Pahalgam Terror Attack; Imposes Social Media Restrictions.
The Allahabad High Court's decision aligns with similar views previously held by the High Courts of Karnataka, Madhya Pradesh, and Andhra Pradesh. These courts have consistently maintained that for the purpose of assessing compensation, the death of a viable foetus should be equated to the death of a child. By citing these regional precedents alongside Supreme Court rulings, the Allahabad High Court has reinforced a national legal standard that recognises the rights of the unborn in personal injury and accident claims.
(The above story first appeared on LatestLY on Mar 20, 2026 05:01 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).