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Section 3: Damages recoverable in such cases

The Kerala Torts (Miscellaneous Provisions) Act, 1976State Act of Kerala · Act 8 of 1977

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 — * Received the assent of the Vice-President acting as President on the 17 th day of February, 1977 and published in the Kerala Gazette Extra ordinary No. 138 dated 1st March 1977.

(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.

Where this provision sits

ActThe Kerala Torts (Miscellaneous Provisions) Act, 1976
Section3
Marginal noteDamages recoverable in such cases
JurisdictionState of Kerala
StatusIn force as published by the source

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