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Allahabad HC Recognises Foetus Aged ≥5 Months as Person Under Railway Act 1989, Awards ₹8 Lakh Compensation

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
20 Mar 2026
~2 min
Source: Indian Express
Key Data:₹8 lakh≥5 monthsSeptember 2, 2018
Bodies:Allahabad High CourtRailway Claims Tribunal
Practice MCQs from today's news ▸
What This Article Covers

1.The Lucknow bench of Allahabad High Court modified a Railway Claims Tribunal judgment to award ₹8 lakh compensation for the death of an eight/nine-month foetus, treating it as an independent accident.

2.The court held that a foetus aged five months onwards in the womb is equal to a child in existence and can be considered a 'person' for claiming damages.

3.The ruling is based on the Railway Act, 1989, and its compensation rules, establishing a precedent for future claims involving loss of unborn children in accidents.

The Big Picture
Prelims · HighMains · High

The Allahabad High Court has ruled that an unborn child aged five months onwards is a 'person' entitled to compensation under the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. This landmark judgment expands the definition of legal personhood, granting ₹8 lakh additional compensation for a foetus's death in a railway accident, separate from the mother's compensation.

Exam Lens

Quick Exam Facts From News

Additional Compensation Awarded₹8 lakh
Foetus Age Threshold≥5 months
Court BenchJustice Prashant Kumar (Lucknow Bench)
Original Tribunal Award₹8 lakh (for mother)
Relevant Act/RulesRailway Act, 1989 & Compensation Rules, 1990
Date of IncidentSeptember 2, 2018

1-Minute Revision

  • ›Additional Compensation Awarded: ₹8 lakh
  • ›Foetus Age Threshold: ≥5 months
  • ›Target this Data: ₹8 lakh additional compensation for foetus death.
  • ›Target this Nodal Body: Railway Claims Tribunal.
  • ›Target this Legal Point: Foetus aged ≥5 months considered a 'person' under Railway Act compensation rules.

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which statutory tribunal initially awarded compensation in this case?

Q2Statement-basedHard

Consider the following statements regarding the Allahabad High Court judgment:

1. The court awarded an additional compensation of ₹8 lakh for the death of the foetus.

2. The court held that an unborn child aged three months onwards can be treated as a person.

3. The judgment was based on the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the Allahabad High Court judgment, from which age onwards can an unborn child be treated as equal to a child in existence for compensation purposes?

Q4Application/ImpactMedium

What is the primary legal implication of the Allahabad High Court's ruling in this case?

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