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Consumer Court Recognizes Right Of Unborn Child, Orders Compensation
New Delhi, Dec. 10, 2006:
In a landmark judgment issued by the Consumer Disputes Redressal Commission of Maharashtra has recognised the right of an unborn child and ordered insurance company to pay the claim for the death of an unborn child in an accident.
The Court has observed that “Science confirms through genetics that two human beings are present in pregnancy and not just the mother.”
The Asian Age has reported that Justice B.B. Vagyani even mentioned that the fourth passenger though not visible, was perceived through senses.
As per the report, the judgment was the result of an appeal by Ms Kanta, whose husband had taken a comprehensive insurance policy with United India Insurance for four people. On February 5, Mr Kotecha, son Atul and pregnant daughter-in-law Switi were killed in an accident on the Yavatmal-Nagpur Road. The insurance company paid the claims for the three deceased but refused the claim of the unborn child.
The District Consumer Forum in Yavatmal rejected the plea. This made Ms Kanta appeal to the Commission.
Referring to the case of Laci and Conner’s Law or Unborn Victims of Violence Act in the United States of America or USA, Justice BB Vagyani ordered the insurance company to pay the claim even for the unborn child which died in the accident.
Surprisingly, the judgement comes on the occasion of the world observing Dec. 10 as Human Rights Day
And this in one of the countries with huge number of abortions!