Emotional shock can be described as a condition where a person suffers psychologically due to the infringement of mental and intellectual wellbeing, emotional sorrow, sadness or grief.
Section 19(g) of the RAF Amendment Act states that the Road Accident Fund is not liable for any damage suffered from emotional shock sustained as a result of a motor vehicle accident by someone who has witnessed, or observed, or was informed of the bodily injury or the death of another person. This section constitutes a complete exclusion of such claims by anyone not directly injured in an accident. The question is, can a person be indirectly compensated for emotional shock if it is proven by way of expert reports and testimony that the psychological trauma suffered resulted in events that give rise to a claim of general damages.
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