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Section 2: Effect of deat!t on eel lam causes of oclwlt

The Kerala Torts (Miscellaneous Provisions) Act, 1976 (No.8 of 1977)State Act of Kerala · Act 8 of 1977

Ou the death of any person r:fter the commencement of this ,\ct, all causes ol aclion subsist'mg' again~· or vested m him sl~tlll ~U!ViYe ag.11ust, or, as the" ca~e lrl«) be, lo1 thC'bcll< 111 ol, his'c'state: .

P1 dvidcd that th1s :,ection sh.dl 110t apply to cau~cs oL1.ctiun ful defaiu.•­ tion or seduction or for inducing one spouse to leave or 1emain apart'from the other or to chims for damages on the ground of adultery .

3 Damar?,e~ recoverable m such cases.-\<Vhe•c a cause of action SU1Vives :1~ aforcsain for' the oen~fit of tile 'cstat.: of a·' deceased 'person,' the damag< 'i I CCOVel able. for the benefit of the estate:: of that person- ( a) sh.Lllnot include any cxc::mplal y damages;

{b) in the case of a breach of promi~e to many, ,hall be Jiuuted lo such damagl~, 1f any, to the estate of that person as flow~ f10m the bteach of promise to marry;

*Rcccivccl the a~~cnt of the Vtcc-Presidrnt acting as President on the 17th day of February, 1977 and published in the Kcrc\la Gazt ttc No. 138 dated 1st March, 1977.

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(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 re~pect of funeral expenses may be mcluded.

Where this provision sits

ActThe Kerala Torts (Miscellaneous Provisions) Act, 1976 (No.8 of 1977)
Section2
Marginal noteEffect of deat!t on eel lam causes of oclwlt
JurisdictionState of Kerala
StatusIn force as published by the source

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