Tort Liability for Mental Suffering in India

Mere 2 years back, I was part of a team that observed a court case involving a woman who suffered from PTSD after witnessing her husband's death in a road accident. The court ultimately ruled that the mental trauma she faced was a direct consequence of the accident, making the drivers at fault liable for the tort of mental suffering under Sec 4 of the Damages Act, 1870. This ruling highlighted a crucial aspect of law that our textbook barely touched upon - the concept of 'de mortuis' which acknowledges that a person can claim compensation for emotional distress even in the absence of physical harm. This was a real eye-opener for me, as it showed how a seemingly abstract concept like mental suffering can have significant real-world implications.