A woman who lost her unborn child in an accident with a state transport bus has finally won compensation from her insurer, the National Insurance Company.
At the end of a hotly-contested case that raged over a decade-and-a-half, the Supreme Court awarded Rs 1.80 lakh to Kusuma, who was 30 weeks pregnant when her car collided with a Karnataka State Road Transport Corporation bus. The incident happened in 1995. She was hit on the stomach and had delivered a still-born baby.
The National Insurance Company did not challenge the basis of the stand taken by Kusuma that a fetus is a living person. It had only challenged the quantum of the payout for the loss of a life. The victim had claimed Rs 2 lakh for loss of the baby, mental shock, pain and medical costs.
The case was filed under the Motor Vehicles Act. Earlier, the Karnataka High Court, too, had delivered its verdict favoring Kusuma.