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State of Kerala - Section

Section 4 in Kerala Torts (Miscellaneous Provisions) Act, 1976

4. Action in cases where death occurs before or at the same time the damage is suffered.

- Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Act, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered.