It is often said that while God resides in the heavens, a mother is His embodiment on earth. A mother will do anything for her child, but imagine the anguish when a baby growing in the womb falls victim to someone else’s negligence. Indeed, a road accident near Khanna four years ago snatched away a couple’s hope for their unborn child.
The mother was critically injured in the accident, suffering a 40% disability in one arm. The necessary medical treatment and medication posed a risk to the unborn baby, creating a situation where the mother was forced to undergo an abortion. **Legal Rights for the Unborn Child**
To secure legal rights for her unborn child, the mother fought a case in the Chandigarh District Court for four years. Finally, the court has granted legal recognition to the unborn child and ordered compensation of ₹1.80 lakh to the aggrieved couple. **When Did the Accident Occur?**
The accident took place on the morning of June 8, 2022. Neha Garg, a resident of Zirakpur, was traveling by car to Moga with her husband, Amulya Gupta, and her in-laws. On the GT Road near Khanna, a speeding car collided with their vehicle.
The entire family, including Neha, sustained severe injuries. At the time of the accident, Neha was six weeks and four days pregnant. During her treatment, doctors determined that continuing the pregnancy would be risky.
**Abortion Performed on Doctors’ Advice**
Furthermore, there was a risk of severe fetal deformity due to the medication and radiation involved in her treatment. Acting on medical advice, Neha underwent an abortion on June 20, 2022. Seeking redress for this loss, she filed a petition with the Chandigarh Motor Accident Claims Tribunal against the driver—Vishwanath Singh, a resident of Delhi—and Liberty General Insurance Company.
