Q: Has the legal right got defied in nervous shock ?
Ans: Right to Health is a part and parcel of Right to Life and therefore right to health is a fundamental right guaranteed to every citizen of India under Article 21 of the Constitution of India. In case of injury or illness due nervous shock, the right to health has been violated which is fundamental right under Article 21 of constitution of India and according to 'Injuria sine damno', the legal right must be violated for tort. So , in case of nervous shock with injury both the legal right has been contravened and damages also occur.
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