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.