Kerala Torts (Miscellaneous Provisions) Act, 1976

No: 8 Dated: Mar, 01 1977

Kerala Torts (Miscellaneous Provisions) Act, 1976

(Act 8 of 1977)

    An Act to unify and amend the law relating to survival of causes of action, liability of joint tortfeasors and liability in cases of contributory negligence in respect of torts.

    Preamble. - Whereas it is expedient to unify and amend the law relating to survival of causes of action, liability of joint tortfeasors and liability in cases of contributory negligence in respect of torts;

Be it enacted in the Twenty-seventh Year of the Republic of India as follows:

Part I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Torts (Miscellaneous Provisions) Act, 1976.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once

Part II

Effect of Death In Relation To Certain Causes of Action In Torts

2. Effect of death on certain causes of action. - On the death of any person after the commencement of this Act, all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate:

Provided that this section shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other or to claims for damages on the ground of adultery.

3. Damages recoverable in such cases. - Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person -

(a) shall not include any exemplary damages;

(b) in the case of a breach of promise to marry, shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;

(c) where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.

4. Action in cases where death occurs before or at the same time the damage is suffered. - Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Act, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered.

5. Rights conferred by this Act to be in addition to rights conferred by the Fatal Accidents Act. - The rights conferred by this Act for the benefit of the estates of deceased persons shall be in addition to, and not in derogation of, any rights conferred on the dependants of deceased persons by the Indian Fatal Accidents Act, 1855 (Central Act 13 of 1855) and so much of this Act as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under the said Act as it applies in relation to other causes of action not expressly expected from the operation of section 2 of this Act.

Explanation. - In this section and in sections 7 and 8, "dependants" means the wife, husband, parent and child within the meaning of the Indian Fatal Accidents Act, 1855.