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A 2026 Allahabad High Court ruling grants unborn children five months or older separate compensation in train crashes, ordering ₹8 lakh for a foetus in a 2018 incident.
The Allahabad High Court has ruled that an unborn child aged five months or more is entitled to separate compensation in railway accidents, ordering Indian Railways to pay ₹8 lakh for the death of a foetus in a 2018 train incident.
The decision, issued in March 2026, upholds the loss of the unborn child as an independent claim, citing precedents from other high courts and legal protections under the Railways Act, 1989.
The ruling applies to a case where a pregnant woman died while boarding the Marudhar Express, with the foetus estimated to be 8–9 months old.
The court recognized the foetus as a person for legal purposes, affirming its right to compensation under the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990.
Un fallo del Tribunal Superior de Allahabad de 2026 otorga a los niños no nacidos de cinco meses o más una compensación separada en accidentes de tren, ordenando ₹ 8 lakh para un feto en un incidente de 2018.