Parent is Entitled to Compensation for Death of a Stillborn Child Under the Railways Act

On April 15, 2018, the appellant’s wife, Usha Devi, who was nine months pregnant, fell from a running train due to a heavy jerk/jolt while traveling from Kim to Kanpur.

Usha Devi died of a ruptured spleen and uterus, leading to the death of her nine-month-old live foetus.

While the Railway Claims Tribunal awarded compensation for the death of the wife, it dismissed the claim for the stillborn child on the grounds that a foetus is not a “bona fide passenger”.

The Court applied the legal maxims Nasciturus pro iam nato habetur (an unborn child is deemed born for its own benefit) and En Ventre Sa Mere (in the mother’s womb).

The Court relied on Section 20 of the Hindu Succession Act regarding the rights of a child in the womb.

The Court integrated the principle of beneficial interpretation under Section 124A of the Railways Act, 1989.

National Insurance Co. Ltd. v. Kusuma, which recognized a stillborn child as a "child" for compensation, and S. Said-ud-Din v. Commissioner Bhopal Gas Victims, which established that an infant in the womb can be a victim entitled to compensation.

The Court reasoned that legal fiction treats a child in the womb as already born for several purposes, including inheritance and tortious claims.

Referencing medical jurisprudence, the Court noted that a foetus becomes "viable" (able to survive outside the womb) between 180–210 days. Since the foetus in this case was nine months old, it had attained full viability and "personhood".

The Court rejected the Railway's narrow interpretation, holding that because the mother was a bona fide passenger, the viable foetus she carried must also be covered under the protective umbrella of the Railways Act.

The death of the foetus was identified as a loss of a distinct life separate from the mother, creating an independent cause of action for the parents.

The Court allowed the appeal, set aside the Tribunal's order, and directed the Railway Administration to pay compensation of Rs. 8 Lakhs with 9% interest per annum from the date of the accident (15.04.2018) till realization to the appellant-father.