MAC.APP.No.602/2009 Page 1 of 40

25 *IN THE HIGH COURT OF DELHI AT NEW DELHI

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MAC.APP.No.602/2009

Date of Decision: 5^th February, 2010

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PRAKASH & ORS

..... Appellants

Through : Mr. F.K. Jha,

Mr. Rupesh Rayan and

Mr. R.N. Singh, Advs.

versus

ARUN KUMAR SAINI & ANR ..... Respondents

Through : Mr. Pankaj Seth, Adv.

for R-2.

Ms. Rajdipa Behura, amicus

curiae.

CORAM :-

THE HON'BLE MR. JUSTICE J.R. MIDHA

1.

Whether Reporters of Local papers may

YES

be allowed to see the Judgment?

2. To be referred to the Reporter or not?

YES

3. Whether the judgment should be

YES

reported in the Digest?

JUDGMENT (Oral)

1. This appeal involves a important question as to whether

an unborn child in womb should be considered at par with a

minor child.

2. The appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.6,11,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

3. The accident dated 8^th June, 2008 resulted in the death of

Indu Devi. Th