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Section 6: Damages provable in msolve11cy

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

In the event of the in<olvency of an estate against which proceedings arc 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 unliqui- # dated damages atising otherwise than by a contract, promise or breach of trust,

PART III PROCEEDINGS AGAINST, AND CONTRIBUTION BETWEEN TORTFEASORS • '?. Proccedmgs against, and contribution between, joint and several tortfeasors.­ ( 1) Where damage is suffered by any jJerson as a result of a tOI t (whether a crime or not),- ( a) iudgment obtained against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other nerson who would; if sued, have been liable as a joint to1tfeasor in respect of the same damage.

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(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 t01 tfeasors liable in re~pect of the damage (whether as joint tortfeasors or otherwise), the sum 1 ecoverablc under the judgments gtvcn m those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the JUdgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court i~ of opinion that there was reasonable gt ouud for brmging the action.

(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who 1s, or would if sued have been, liable in respect of the same damage, whether as a jomt tortfeasor or other­ wise, so however that no person shall be enutlcd to 1 ecover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of wh1ch the contt ibution is sought.

(2) In any proceedings for contribution under this section, the amount of the contribution recoverable from any person shall be such as m1y be found by the court to be just and equitable having regatd 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 (No.8 of 1977)
Section6
Marginal noteDamages provable in msolve11cy
JurisdictionState of Kerala
StatusIn force as published by the source

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