Nandini Warrier 12 January 2021

Nervous shock

A lady was walking with her child near on a pavement. A car driver negligently drove too fast, too close to the lady and her child near the pavement. She suffered from nervous shock and fell down on the pavement due to her sudden shock, and started throwing up. She was worried and frightened about the safety of her child, resulting in nervous shock. Will she be compensated for going through the shock? Is nervous shock recognised under the law? Should there be more grievous consequences after shock in order to be compensated?

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Megha 14 January 2021

For the question, will she be compensated for going through the nervous shock, is, YES. And for the second, "Nervous Shock", undoubtedly has been recognized under the Law of Torts but has a long history. Nervous shock is a state of being, where the body of the injured acts abnormally for a few moments or long or may end up in dangerous situations (say, cases of heart failure patients) as a response to unexpected stimuli. Thus, it could be considered as a 'bodily injury' and could be compensated. The burden of proof lies on the injured that, he/she should prove that he/she underwent such a shock as a result of an act from the defendant, who was expected to be (i) have a duty of care, (ii) there was a breach in such duty (iii) shock was remote a consequence. It is not necessary to show that the injured has been severely injured, for claiming compensation for nervous shock. I hope this may help you. Thank you.