ABSTRACT:
A tentative claim for nervous shock falls under the head of the psychiatric condition, being an area in tort law, it presented many difficulties for tortuous claims since there is a burden of proof lies on the sufferer to prove of direct involvement to the incident. Since 1924, the judicial body has recognized that a person who suffers a medically-recognized psychiatric harm or illness due to the action or omission of the defendant party, he can recover damages from that person whose negligence is a cause of accident. This article helps to study about the historical aspects, current scenario of psychiatric illness, the compensation covered under the judicial body, evaluates and focuses on primary and secondary victims.
Authored by Aman Verma, Bharati Vidyapeeth University, New Delhi, India.
La Senatus Scriptors 