N.M. Kasliwal, J. - (1.) This appeal by United India Insurance Company is directed against the interim award passed by the Motor Accidents Claims Tribunal (District Judge) Bharatpur, dated 26th May, 1987.
(2.) Smt. Premvati died in an accident by Jonga Jeep No. RSA 5983 on 3rd November, 1986. Shri Sampat Singh, husband of Premvati filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) against Smt. Shringar Devi, owner, Shri Chano driver and United Insurance Company insurer of jeep No. RSA 5983. Smt. Premvati at the time of accident was pregnant having a seven months child in her womb. Shri Sampat Singh also filed a separate petition under section 92-A of the Act. The learned Tribunal passed an interim award for an amount of Rs. 30,000 on account of death of Smt. Premvati as well as the death of unborn child of seven months. The appellant Insurance Company has challenged the above order of the Tribunal to the concept of awarding Rs. 15,000 for the death of unborn child of Smt. Premvati.
(3.) It was contended by learned Counsel for the appellant that the unborn child cannot be considered as "person" for the purpose of awarding compensation under section 92-A of the Act. It was submitted that the compensation is awarded on account of dependency and loss suffered by the claimant due to the death of a person in that accident. In the instant case no question of any dependency can arise on account of the death of the unborn child.;