📷 Image: Wikimedia Commons / Kamlesh.legalaid
National
High Court treats 28‑week fetus as child, upholds parents' 25‑year‑old accident claim
✍️ The Times of India
🗓 11 Nov 2026, 11:08 AM
👁 14
The Delhi High Court ruled that a 28‑week‑old fetus qualifies as a child for compensation, allowing parents to revive a 25‑year‑old accident claim and awarding them a sum exceeding Rs X.
The Delhi High Court on Tuesday delivered a landmark judgment, holding that a fetus at 28 weeks of gestation should be treated as a child for the purpose of awarding compensation. The bench examined a petition filed by the parents of a child who was born after a road accident that occurred 25 years ago.
The court concluded that the injury sustained by the mother during the accident directly affected the unborn child, and under existing tort law the fetus is entitled to the same compensation as a born child. Consequently, the parents' appeal against the earlier dismissal of their claim was allowed.
The judgment also directed the insurance company to pay a sum exceeding Rs X to the family, marking one of the few instances where a court has extended compensation rights to a pre‑birth victim. Legal experts say the ruling could set a precedent for future cases involving prenatal injuries.
The decision underscores the judiciary's willingness to interpret existing statutes in a manner that safeguards the rights of unborn children, especially in long‑standing personal injury claims. The parties have been instructed to comply with the award within the stipulated timeframe.
The court concluded that the injury sustained by the mother during the accident directly affected the unborn child, and under existing tort law the fetus is entitled to the same compensation as a born child. Consequently, the parents' appeal against the earlier dismissal of their claim was allowed.
The judgment also directed the insurance company to pay a sum exceeding Rs X to the family, marking one of the few instances where a court has extended compensation rights to a pre‑birth victim. Legal experts say the ruling could set a precedent for future cases involving prenatal injuries.
The decision underscores the judiciary's willingness to interpret existing statutes in a manner that safeguards the rights of unborn children, especially in long‑standing personal injury claims. The parties have been instructed to comply with the award within the stipulated timeframe.