Vidhi Codex

The Kerala Torts (Miscellaneous Provisions) Act, 1976

The Kerala Torts (Miscellaneous Provisions) Act, 1976

Civil197610 sections5 chapters

This Act regulates civil injury lawsuits in Kerala, India. It applies to individuals, legal heirs, and wrongdoers involved in personal injury or damage claims. The law matters because it ensures that legal rights to sue or duties to pay damages do not disappear when a person dies, transferring instead to their estate. Additionally, it allows courts to divide blame among multiple wrongdoers and ensures that if a victim was partly responsible for their own injury, they can still receive a reduced compensation payout rather than losing their entire claim. This legislation successfully modernizes how civil wrongs are resolved fairly today.

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Part I PRELIMINARY

  1. 1Short title, extent and commencement.

Part II EFFECT OF DEATH IN RELATION TO CERTAIN CAUSES OF ACTION IN TORTS

  1. 2Effect of death on certain causes of action.
  2. 3Damages recoverable in such cases.
  3. 4Action in cases where death occurs before or at the same time the damage is suffered
  4. 5Rights conferred by this Act to be in addition to rights conferred by the Fatal
  5. 6Damages provable in insolvency.

Part III PROCEEDINGS AGAINST, AND CONTRIBUTION BETWEEN TORTFEASORS

  1. 7Proceedings against, and contribution between, joint and several tortfeasors.

Part IV APPORTIONMENT OF LIABILITY IN CASES OF CONTRIBUTORY NEGLIGENCE

  1. 8Apportionment of liability in case of contributory negligence.

Part V REPEAL

  1. 9Repeal.

PDF: pending for this language.