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Section 7: Proceedings against, and contribution between, joint and several tortfeasors

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

(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 given; and in any of those actions, other than that in which judgement is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action.

(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so however that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.

(2) In any proceedings for contribution under this section, the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage;

and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

PART IV APPORTIONMENT OF LIABILITY IN CASES OF CONTRIBUTORY NEGLIGENCE

Where this provision sits

ActThe Kerala Torts (Miscellaneous Provisions) Act, 1976
Section7
Marginal noteProceedings against, and contribution between, joint and several tortfeasors
JurisdictionState of Kerala
StatusIn force as published by the source

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