Mental Agony
DR.SANAT KUMAR DASH
(Querist) 11 August 2010
This query is : Resolved
what is the legal meaning of Mental Agony?? How to prove that one has Mental Agony?? Request all the learned members....Is there any case-laws of HIGH COURTS or the APEX COURT of INDIA??
V.T.Venkataram
(Expert) 11 August 2010
According to http://legal-dictionary.thefreedictionary.com/Mental+Anguish
"mental anguish n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentionally inflicting harm. Where there is no physical injury damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident."
Charanjit Kaur vs Union Of India on 21 January, 1994 [(1994) 2 SCC 1]., and M/S. SPRING MEADOWS HOSPITAL & ANR Vs HARJOL AHLUWALIA THROUGH, K.S. AHLUWALIA & ANR
are cases where mental agony has been discussed
