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The Kerala Torts (Miscellaneous Provisions) Act, 1976 [1] Complete Act

State: Kerala

Year: 1976

.....for the damage: Provided that - (a) this sub-section shall not operate to defeat any defence arising under a contract; (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this sub-section shall not exceed the maximum limit so applicable. (2) Where damages are recoverable by any person by virtue of subsection (1), subject to any reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault. (3) Section 7 shall apply in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of sub-section (1) in respect of the damage suffered by any person. (4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under Part II of this Act, the damages recoverable would be reduced under sub-section (1), and damages recoverable in an action brought for the benefit of the dependants of that person under.....