(I) Where any person suffers damage a'! the remit 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 sliall be reduced to such extent as the court thinks just and eqUitable having regard to the claimant's share m 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 damage'! recoverable by the claimant by virtue ofthis sub-section shall not exceed the max1mum limit so applicable.
(2) Where damages arc recoverable by any person by vi1 tue of sub section (1), subject to any reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant'had not been at fault.
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(3) Sec~ion 7 shall apply in any case where two or more persons are IiabJc~<?r ~ou_lrl, if they had il!l been sued, be hilble. by virtue of ~nh-:;cction , ( J) _in r~~pect o( 1 he damage, ~uffered by any person.
(4) Wb~te any pers.ln dies as the tesult partly orlm own fault and partly of the fault of any other pet son or persons, and accordingly if an action were brought for the benefit of the estate under Pa r1 II of this Act, the Jamages recoverable woulrl be 1 educed under sub-section (I), and damages •ecoverable in an action brought for the benefit of the dependants of that person undei· the Indian Fatal Accidents Act, 1855, shf111 be reduced to a propor.ti_opat~ e~ten_t.
(5) Where, in any ca'e to which sub-section (1) appltcs, one ol the persons at f.l ult avotds liabihty t0 any other such person or his persona representative on the plea thall the claim is ha!fed by ltmitation, he ~hall not be enti~led.to recover any damages or contnbution from that other person or tepre~ntativc by virtue of that sub-sect10n.
Explaualtou.-In this section, "fault'' means negligence, breach of statutory duty or other net or om1ssion which 14ives 1 ise to a liabiltty to tort or would,' apat t from this Act, gtve n~e to the defence of contt ibutMy negligence; ~nd c'damage" includes loss of life and personal injUty.
PART v REPEAL