S.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

S.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.

S.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.

S.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.

S.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.

S.6 Damages provable in insolvency

       In the event of the insolvency of an estate against which proceedings are maintainable by virtue of this Act, any liability in respect of the cause of action in respect of which the proceedings are maintainable shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.

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

       (1) Where damage is suffered by any person as a result of a tort (whether a crime or not), -
        (a) judgment obtained against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would; if sued, have been liable as a joint tortfeasor in respect of the same damage.
        (b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of his estate, or of the dependants of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise), the sum recoverable under the judgements given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgement first gi

S.8 Apportionment of liability in case of contributory negligence

       (1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility 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 claiman

S.9 Repeal

       (1) Travancore Law Reforms (Miscellaneous Provisions Act, 1124 (Act XII of 1124), is hereby repealed.
        (2) The Legal Representatives' Suits Act, 1855 (Central Act 12 of 1855), shall cease to apply to that part of the State of Kerala where it was in force immediately before the commencement of this Act.
        (3) Section 306 of the Indian Succession Act, 1925 (Central Act 39 of 1925), so far as it relates to right of action in torts, shall cease to apply to the State of Kerala .