The central legal point established in the judgment is the entitlement to compensation for the death of a stillborn child due to an accident, and the assessment of pecuniary and non-pecuniary damages.

( 1 ) BEING aggrieved by the inadequacy of the amount awarded vide award dated 18. 12. 2002 passed by learned m. A. C. T. , District Jhabua (M. P.) in Claim case No. 127 of 1997 whereby a sum of rs. 1,50,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.

( 2 ) LEARNED counsel for the appellant submits that appellant was aged 24 years at the time of accident and was literate lady running Fine Art classes. It is submitted that at the time of accident appellant was pregnant, as she was carrying a male baby of 7 months. It is submitted that on account of accident which took place on 3. 7. 1997, appellant delivered a dead male baby by operation. It is submitted that the amount of Rs. 1,50,000 has been awarded out of which Rs. 70,000 is for medical expenses and Rs. 80,000 is on account of other heads which is on lower side. Learned counsel submits that permanent disability was assessed as 15 per cent for which the medical evidence has been produced and doctor has been examined. Appellant was admitted in hospital for a period of 45 days, it is also submitted that no amount has been awarded on account of permanent disability which was assessed by learned Tribunal as 15 per cent. Similarly, no amount has been awarded on account of death of first male baby.

( 3 ) LEARNED counsel for the appellant submits that because of death of a male baby the appellant suffered mental shock, apart from physical pain and suffering and will also suffer on that account in her future life. It is submitted that it was the first pregnancy of the appellant and thereafter, appellant has delivered a female baby in February 2004, i. e. , after a period of 7 years.

( 4 ) LEARNED counsel for the appellant placed reliance on a decision in the matter of Divisional Controller, B. T. S. Division, karnataka State Road Trans. Corpn. v. Vidya Shindhe, 2005 ACJ 69 (Karnataka), wherein Karnataka High Court has awarded a sum of Rs. 1,50,000 on account of death of stillborn male baby. In this case mother sustained grievous injuries while travelling as pillion rider on scooter. Male born baby kept in I. C. U. died after two days of delivery. It is submitted that in this case for the injuries sustained by mother separate claim petition was filed. Further reliance was placed on R. D. Hattangadi v. Pest Control (India) Pvt. Ltd. , 1995 ACJ 366 (SC), wherein Hon'ble Supreme Court has laid down the gravity for awarding pecuniary and non-pecuniary damages. It was held:". . . that damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii)loss of earning of profit up to the date of trial; (iii) other material loss. So far as non-pecuniary damages are concerned, they may include (i) damages for mental and physical shock, pain and suffering already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters, i. e. , on account of injury the claimant may not be able to work, run or sit; (iii)damages for the loss of expectation of life, i. e. , on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life. "

( 5 ) LEARNED counsel for respondent No. 3 further submits that from the record it is proved that the appellant was having a pregnancy of 28 weeks. Since for giving a birth conception of 36 weeks are necessary, therefore, no separate amount can be awarded on account of death of alleged male child. It is also submitted that the case