Skip to main content

Nervous Shock

 Nervous shock

Nervous Shock may be caused by words or acts of the defendant.

It may be induced by some accident due to the defendant’s negligence or on account of a false statement willfully made or due to (intimidation wrongdoing). 

In such a case, the question is whether the shock and illness are in fact the natural and direct consequences of the wrongful act or default, if they are, the illness, and not the shock, furnishes the measurable damage.


Case laws

In Hambrook vs Stocks bros,

The defendant's servant left a motor lorry at the top of the steep Street unattended, with the engine running.

The lorry started off by itself and ran violently down the incline.

The plaintiff's wife, who had been walking up the street with the children, had just parted with them a little below a point where the street made a bend, when she saw the lorry rushing round the bend towards her. She became very frightened for the safety of her children, who by that time were out of sight round the description of one of her children had been injured.

She suffered nervous shock which resulted in her death.

In this case it was held that it is not necessary that shock must be such as arises from reasonable fear of intermediate personal injury to oneself. 

The defendants was held liable even though the lady suffering the nervous shock was not herself within the area of physical injury. It was held that, on the assumption that the shock was caused by what the women saw with her own eyes, as distinguished from what she was told by bystanders, the plaintiff was entitled to recover, notwithstanding that shock was brought about fear for children’s safety, and not by fear for her own life.


In Page vs Smith the plaintiff who was involved in a motor accident due to negligence of the defendant did not suffer any physical injury. He though in a position of primary victim, being directly involved in the accident, remained unhurt. 

He however, suffered ‘myalgic encephalomyelitis’, a psychiatric illness with which he had earlier suffered but which was then in remission. 

This illness which the plaintiff suffered as a result of the motor accident was not foreseeable in a person of ordinary fortitude but as personal injury of physical harm which the plaintiff did not suffered by him. 

The balance of medical opinion was to the effect that the accident could have materially contributed to the recrudescence of plaintiff’s illness and the plaintiff was awarded damages on that basis.

The case also highlights the principle that the defendant’s wrongful act need not have been the sole or principal cause of the damage.

The defendant would be liable for the damage if his wrongful act caused or materially contributed to it notwithstanding that there were other factors for which he was not responsible which had contributed to the damage.


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti