NATIONAL INSURANCE CO.LTD. vs KUSUMA

The Supreme Court addressed the issue of whether an unborn child can be considered a child for compensation claims under Section 166 of the Motor Vehicles Act, 1988. The Court upheld the High Court's decision to enhance the compensation to ₹1,80,000, emphasizing that the loss of a foetus due to an accident is akin to the death of a child. The ruling clarified the legal standing of unborn children in compensation claims, affirming the principle established in New India Assurance Company Ltd. Vs. Satender & Ors. (2006) 13 SCC 60.