Hon'ble RAFIQ, J.—This appeal has been preferred by claimants Santosh Bai and Pappu Lal, mother and father of a stillborn child of more than eight months, dissatisfied with quantum of compensation awarded by learned Motor Accident Claims Tribunal, Jhalawar Rajasthan) in MAC Case No.46/2004 and it is prayed that the compensation may be suitably enhanced.

2. A claim petition was filed by claimants contending that on 24.09.2003 at about 12.30 pm claimant Smt. Santosh Bai when reached at main gate of factory premise of Manglam Cement, accompanied with other women, suddenly a jeep No.RJ-33-P-0070 came from Ramganjmandi side. The jeep, which was in a high speed and being driven in rash and negligent manner, hit the claimant, as a result of which she fell down on the earth. Claimant Santosh Bai was taken to the hospital. The claimant was found to have pregnancy of about more than eight months. As a result of the accident, claimant Santosh Bai received injuries. She had a fully grown up foetus of eight months in her womb. On account of the injuries, claimant Santosh Bai was advised to give birth to the child, in order to save her life, and she gave a stillbirth. Learned Tribunal awarded compensation of Rs.67,000/- under various heads. Aggrieved thereby, claimant-[appellants have approached this court with prayer for enhancement of the compensation.

3. Shri Ali Mohammad Khan, learned counsel for appellants, argued that learned Tribunal has failed to consider that there cannot be exact uniform rule or mathematical calculation of measuring life and damages. One of the important factors which ought to have been taken into account for computing just compensation is that where death of fully grown up child even if he was in the womb of mother and was yet to be born, it is to be taken as much loss of human life as other human being. Learned Tribunal has although found involvement of vehicle Jeep No.RJ-33-P-0070 and negligence of driver Mohammed Anish, and that pregnancy was of duration of eight months, which fact is proved from medical certificates (Exhibits 12 and 13) issued by the nursing home. Learned Tribunal has awarded a meager sum of Rs.50,000/- for death of stillborn child. Learned counsel for appellants has relied on the judgment of the Delhi High Court in Prakash and Others vs. Arun Kumar Saini and Another – 2010 (3) TAC 114 (Del.) and contended that compensation be suitably enhanced to Rs.2,50,000/-.

4. Per contra, Shri Vizzy Agrawal, learned counsel for respondent insurance company, opposed the appeal and argued that a stillborn or unborn child cannot be taken to be a complete human and that loss of his life cannot be placed at par with loss of life of a born child. He contended that a born child and unborn child cannot be placed at a same pedestal. Learned counsel, therefore, argued that award of compensation of Rs.50,000/- has to be accepted as just and reasonable award. Learned counsel has placed reliance on a judgment of the Supreme Court in National Insurance Company Limited vs. Kusuma and Another, Civil Appeal No.7212/2011 (arising out of SLP (C) No.17905/2008), decided on 23.08.2011 = 2011(2) CCR 825 (SC), and argued that in that case, in similar circumstances where in a case of infant child, the Tribunal awarded a sum of Rs.50,000/- for loss of unborn child and Rs.10,000/- towards pain and suffering to the mother and, on appeal, the High Court enhanced the same and awarded consolidated amount of Rs.1,80,000/-, which was not interfered by the Supreme Court. Therefore, the award of the learned Tribunal is perfectly just and reasonable and does not call for any interference.

5. I have given my anxious and thoughtful consideration to rival submissions and perused the material on record.

6. Contention of learned counsel for the respondent is noticed to be rejected for stated reasons.

7. The claimant No.1, in the present case the mother, was having pregnancy of more than eight months and it was a fully developed foetus and was due to

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