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Bajaj Allianz General Insurance Company Limited



                                                                                                                            Issuing office :
                                                                   Important notice*
 1.    In the event of a claim ,please make sure to call our 24 hours Call Center directly instead of agent or the garage rep. for following help.
             - to get your claim registered in our records and the claim number issued for future reference.
             - to know about the claim process and the necessary requirements for faster settlement of claim.
             - to know the approved garage where vehicle is to be taken for quality repair , cashless settlement and other value added services
             Improper communication can lead to delay in settlement or repudiation of claim :
 2.    Please refer to the Claim Guide copy supplied by your agent for more details on claim settlement process, requirements and the Bajaj
       Allianz Preferred Workshops list . In case you have'nt received ,please contact our nearest office or the agent.
 3.    Should you decide on garage of your choice , company cannot assure the services such as cash less settlement facility , quality of job ,
       avoid excess or wrong billing by the garage .
       To contact please dial toll free number : 1600225858 or 020-30305858 (free call from BSNL / MTNL) or email at : callcentrepune@bajajallianz.co.in
                                                                           *conditions apply



                                                     PRIVATE CAR PACKAGE POLICY
Whereas the Insured by a proposal and declaration dated as                                   vi.       by accidental external means;
stated in the Schedule which shall be the basis of this contract
and is deemed to be incorporated herein has applied to Bajaj                                 vii.      by malicious act;
Allianz General Insurance Company Limited (hereinafter
                                                                                             viii.     by terrorist activity;
referred to as “Company”) for the Insurance hereinafter
contained and has paid the premium mentioned in the                                          ix.       whilst in transit by road rail inland waterway lift
schedule as consideration for such insurance in respect of                                             elevator or air
accidental, loss or damage occurring during the Period of
Insurance.                                                                                   x.        by landslide/rockslide

NOW THIS POLICY WITNESSETH that subject to the Terms,                                   Subject to a deduction for depreciation at the rates
Exceptions, and Conditions contained herein or endorsed or                              mentioned below in respect of parts replaced :
expressed hereon.
                                                                                        1.   For all rubber, nylon, plastic parts, tyre, battery &
SECTION I - LOSS OR DAMAGE TO THE VEHICLE INSURED
                                                                                             air bags                                                      50%
1.          The Company will indemnify the Insured against loss or
            damage to the Motor Car insured hereunder and/or its                        2. For fibre glass components                                      30 %
            accessories whilst thereon;
                                                                                        3. For all parts made of glass                                     Nil
      i.         by fire explosion self ignition or lightning;
                                                                                        4. Rate of depreciation for all other parts including wooden
      ii.        by burglary housebreaking or theft;                                       parts will be as per the following schedule

      iii.       by Riot and Strike;                                                    AGE OF VEHICLE                    % OF DEPRECIATION

      iv.        by Earthquake (Fire and Shock Damage);                                 Not exceeding 6 months.......................................Nil

      v.         by Flood Typhoon Hurricane Storm Tempest                               Exceeding 6 months but not exceeding 1 year ....5%
                 Inundation Cyclone hailstorm Frost;
                                                                                        Exceeding 1 year but not exceeding 2 years....10%


      Regd. & Head Office : GE Plaza, Airport Road, Yerawada, Pune - 411 006. Tel. : (+91 20) 56026666. Fax : (+91 20) 56026667
±                                                                                                                                                                 ±
±                                                                                                                                                  ±
Exceeding 2 years but not exceeding 3 years...15%                              The IDV of the vehicle ( and accessories if any fitted in the
                                                                               vehicle ) is to be fixed on the basis of the manufacturer’s listed
Exceeding 3 years but not exceeding 4 years..25%
                                                                               selling price of the brand and model as the vehicle insured at
                                                                               the commencement of insurance / renewal and adjusted for
Exceeding 4 years but not exceeding 5 years.....35%
                                                                               depreciation ( as per schedule below ).
Exceeding 5 years but not exceeding 10 years...40%
                                                                               The schedule of age wise depreciation as shown below is
Exceeding 10 years...................................................50%       applicable for the purpose of Total loss / Constructive Total
                                                                               Loss (TL / CTL) claims only.
2 The Company shall not be liable to make any payment in
  respect of :                                                                 AGE OF VEHICLE           % OF DEPRECIATION FOR FIXING IDV

     a. consequential loss depreciation wear and tear                          Not exceeding 6 months.........................................5%
        mechanical or electrical breakdown failures or
                                                                               Exceeding 6 months but not exceeding 1 year ....15%
        breakages

                                                                               Exceeding 1 year but not exceeding 2 years......20%
     b. damage to tyres and tubes unless the vehicle is
        damaged at the same time when the liability of the
                                                                               Exceeding 2 years but not exceeding 3 years.....30%
        Company is limited to 50% of cost of replacement; and
                                                                               Exceeding 3 years but not exceeding 4 years.....40%
     c. Any accidental loss or damage suffered whilst the
        Insured or any person driving the vehicle with the                     Exceeding 4 years but not exceeding 5 years.....50%
        knowledge and consent of the Insured is under the
        influence of intoxicating liquor or drugs.                             IDV of vehicles beyond 5 years of age and of obsolete models
                                                                               of the vehicles (i.e. Models which the manufacturers have
3       In the event of the vehicle being disabled by reason of                discontinued to manufacture) is to be determined on the
        loss or damage covered under this Policy the company                   basis of understanding between the insurer and the
        will bear the reasonable cost of protection and removal                insured.
        to the nearest repairer and redelivery to the Insured
        but not exceeding in all Rs.1500/- in respect of any one               IDV shall be treated as the ‘ Market Value’ throughout the
        accident.                                                              policy period without any further depreciation for the
                                                                               purpose of Total Loss (TL) / Constructive Total Loss (CTL)
        The Insured may authorise the repair of the vehicle                    claims.
        necessitated by damage for which the Company may
        be liable under this Policy provided that:                             The insured vehicle shall be treated as a CTL if the aggregate
                                                                               cost of retrieval and / or repair of the vehicle, subject to terms
     a. the estimated cost of such repair including                            and conditions of the policy, exceeds 75% of the IDV of the
        replacements does not exceed Rs.500/                                   vehicle.

     b. the Company is furnished forthwith a detailed                          SECTION II - LIABILITY TO THIRD PARTIES
        estimate of the cost of repairs and
                                                                               1. Subject to the Limits of Liability as laid down in the
     c. the Insured shall give the Company every assistance                       Schedule hereto, the Company, will indemnify the
        to see that such repair is necessary and the charges are                  Insured in the event of an accident caused by or arising
        reasonable.                                                               out of the vehicle, against all sums which the Insured
                                                                                  shall become legally liable to pay in respect of :
SUM INSURED - INSURED’S DECLARED VALUE (IDV)
                                                                                    i) death of or bodily injury to any person including
The insured declared value (IDV) of the vehicle will be
                                                                                       occupants carried in the vehicle (provided such
deemed to be the ‘ SUM INSURED’ for the purpose of this
                                                                                       occupants are not carried for hire or reward) but
policy which is fixed to the commencement of each policy
                                                                                       except so far as it is necessary to meet the
period for the insured vehicle.


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±                                                                                                                                                      ±
        requirements of Motor Vehicles Act the Company                  APPLICATION OF LIMITS OF INDEMNITY
        shall not be liable where such death or injury arises
                                                                        In the event of any accident involving indemnity to more than
        out of and in the course of the employment of such
                                                                        one person any limitation by the terms of this policy and/or
        person by the insured.
                                                                        of any Endorsement thereon of the amount of any indemnity
    ii) damage to property other than property belonging to             shall apply to the aggregate amount of indemnity to all
        the Insured or held in trust or in the custody or control       persons indemnified and such indemnity shall apply in
        of the Insured.                                                 priority to the insured.

2. The Company will pay all costs and expenses incurred                 SECTION III - PERSONAL ACCIDENT COVER
   with its written consent.
                                                                        FOR OWNER -             DRIVER
3. In terms of and subject to the limitations of the indemnity
                                                                        1       The Company undertakes to pay compensation as per
   granted by this section to the Insured the Company will
                                                                                the following scale for bodily injury / death sustained
   indemnify any driver who is driving the vehicle on the
                                                                                by the owner - driver of the vehicle, in direct
   insured's order or with insured's permission provided
                                                                                connection with the vehicle insured or whilst driving
   that such driver shall as though he were the Insured
                                                                                or mounting into / dismounting from the vehicle
   observe fulfil and be subject to the terms exceptions and
                                                                                insured or whilst traveling in it as a co-driver, caused by
   conditions of this Policy in so far as they can apply.
                                                                                violent accidental external and visible means which
4. In the event of the death of any person entitled to                          independent of any other cause shall within six
   indemnity under this Policy the Company will in respect of                   calendar months of such injury result in :
   the liability incurred by such person indemnify his/her
                                                                                Nature of injury                               Scale of compensation
   personal representatives in the terms of and subject to
   the limitations of this Policy provided that such personal
                                                                            (I) Death ....................................................   100%
   representatives shall as though he/she was the Insured
   observe fulfil and be subject to the terms exceptions and                (II) Loss of two limbs or sight of two eyes or
   conditions of this Policy in so far as they can apply.
                                                                             one limb and sight of one eye.......................... 100%
5. The Company may at its own option (A) arrange for
   representation at any Inquest or Fatal Inquiry in respect of             (III) Loss of one limb or sight of one eye.............. 50%
   any death which may be the subject of indemnity under
   this policy and (B) undertake the defence of proceedings                 (IV) Permanent total disablement from
   in any Court of Law in respect of any act or alleged offence
                                                                              injuries other than named above. .................. 100%
   causing or relating to any event which may be the subject
   to the indemnity under this Section.                                 Provided always that

AVOIDANCE OF CERTAIN TERMS AND RIGHT OF RECOVERY                                A)      compensation shall be payable under only one of
                                                                                        the items(i) to (iv) above in respect of the owner -
Nothing in this Policy or any endorsement hereon shall affect
                                                                                        driver arising out of any occurrence and the
the right of any person indemnified by this Policy or any other
                                                                                        total liability of the insurer shall not in the
person to recover an amount under or by virtue of the
                                                                                        aggregate exceed the sum of Rs 2. Lakhs during
provision of the Motor Vehicles Act.
                                                                                        any one period of insurance.
But the Insured shall repay to the Company all sums paid by
                                                                                B)      no compensation shall be payable in respect of
the Company, which the Company would not have been liable
                                                                                        death or bodily injury directly or indirectly wholly
to pay, but for the said provisions.
                                                                                        or in part arising or resulting from or traceable to
                                                                                        (1) Intentional self injury suicide or attempted
                                                                                        suicide physical defect or infirmity or (2) an
                                                                                        accident happening whilst such person is under
                                                                                        the influence of intoxicating liquor or drugs.


±                                                                   3                                                                                  ±
±                                                                                                                                        ±
       C)     Such compensation shall be payable directly to                         combustion shall include any self-sustaining
              the insured or to his/her legal representatives                        process of nuclear fission.
              whose receipt shall be the full discharge in
              respect of the injury to the insured.                      5.    Any accidental loss damage or liability directly or
                                                                               indirectly caused by or contributed to by or arising
2)     This cover is subject to                                                from nuclear weapons material.

       (a) the owner-driver is the registered owner of the               6.    Any accidental loss damage and/or liability directly or
            vehicle insured herein;                                            indirectly or proximately or remotely occasioned by
                                                                               contributed to / by or traceable to or arising out of or in
       (b ) The owner driver is the insured named in this                      connection with War, Invasion, the Act of foreign
            policy.                                                            enemies, hostilities or Warlike operations (whether
                                                                               before or after declaration of war) Civil War, Mutiny
       (c) the owner-driver holds an effective driving
                                                                               Rebellion, Military or usurped power or by any direct
            license, in accordance with the provisions of Rule
                                                                               or indirect consequences of any of the said
            3 of the central Motor Vehicles Rules, 1989, at the
                                                                               occurrences and in the event of any claim hereunder
            time of the accident.
                                                                               the Insured shall prove that the accidental loss damage
GENERAL EXCEPTIONS                                                             and/or liability arose independently of and was in no
                                                                               way connected with or occasioned by or contributed to
(Applicable to all Sections of the Policy)                                     by or traceable to any of the said occurrences or any
                                                                               consequences thereof and in default of such proof the
The Company shall not be liable under this Policy in                           Company shall not be liable to make any payment in
                                                                               respect of such a claim.
respect of:
                                                                         DEDUCTIBLE
1.     Any accidental loss damage and/or liability caused
       sustained or incurred outside the Geographical Area.              The Company shall not be liable for each and every under
                                                                         Section -I (loss of damage to vehicle insured) of this policy in
2.     Any claim arising out of any contractual liability.
                                                                         respect of the deductible stated in the schedule.

3.     Any accidental loss damage and/or liability caused
                                                                         CONDITIONS
       sustained or incurred whilst the vehicle insured herein
       is                                                                This policy and the Schedule shall be read together and any
                                                                         word or expression to which a specific meaning has been
       a.     being used otherwise than in accordance with the
                                                                         attached in any part of this Policy or of the Schedule shall bear
              limitations as to Use or
                                                                         the same meaning wherever it may appear.

       b.     being driven by or is for the purpose of being
                                                                         1.    Notice shall be given in writing to the Company
              driven by him/her in the charge of any person
                                                                               immediately upon the occurrence of any accidental
              other than a driver as stated in the drivers clause.
                                                                               loss or damage in the event of any claim and thereafter
                                                                               the Insured shall give all such information and
4.     a.     Any accidental loss or damage to any property
                                                                               assistance as the Company shall require. Every letter
              whatsoever or any loss or expense whatsoever
                                                                               claim writ summons and/or process or a copy thereof
              resulting or arising therefrom or any
                                                                               shall be forwarded to the Company immediately on
              consequential loss.
                                                                               receipt by the Insured. Notice shall also be given in
       b.     Any liability of whatsoever nature directly or                   writing to the Company immediately the Insured shall
              indirectly caused by or contributed to by or arising             have knowledge of any impending Prosecution
              from ionising radiations or contamination by                     Inquest or Fatal Inquiry in respect of any occurrence,
              radioactivity from any nuclear fuel or from any                  which may give rise to a claim under this Policy. In
              nuclear waste from the combustion of nuclear                     case of theft or criminal act which may be the subject
              fuel. For the purpose of this exception                          of a claim under this Policy the Insured shall give


±                                                                    4                                                                   ±
±                                                                                                                                     ±
     immediate notice to the Police and co-operate with the                in force or the policy may be cancelled at any time by
     Company in securing the conviction of the offender.                   the insured on seven days’ notice by recorded delivery
                                                                           and provided no claim has arisen during the currency
2.   No admission, offer, promise, payment, or indemnity                   of the policy, the insured shall be entitled to a return of
     shall be made or given by or on behalf of the Insured                 premium less premium at the company’s Short Period
     without the written consent of the Company which                      rates for the period the policy has been in force. Return
     shall be entitled if it so desires to take over and                   of the premium by the company will be subject
     conduct in the name of the Insured the defence or                     to retention of the minimum premium of Rs.100/-
     settlement of any claim or to prosecute in the name of                (or Rs. 25/- in respect of vehicles specificially designed /
     the Insured for its own benefit any claim for indemnity               modified for use by blind / handicapped/mentally
     or otherwise and shall have full discretion in the                    challenged persons). Where the ownership of the
     conduct of any proceedings or in the settlement of any                vehicle is transferred, the policy cannot be cancelled
     claim and the Insured shall give all such information                 unless evidence that the vehicle is insured elsewhere is
     and assistance as the Company may require.                            produced.

3.   The Company may at its own option repair reinstate or            6.   If at the time any claim arises under this Policy there is
     replace the vehicle or part thereof and/or its                        any other existing insurance covering the same loss,
     accessories or may pay in cash the amount of the loss                 damage or liability, the Company shall not be liable to
     or damage and the liability of the Company shall not                  pay or contribute more than its rateable proportion of
     exceed                                                                the loss damage compensation cost or expenses.

     a)   For total loss / Constructive total loss of the             7.   If any dispute or difference shall arise as to the
          vehicle the Insured’s Declared Value (IDV) of                    quantum to be paid under this policy (liability being
          the vehicle (including accessories thereon ) as                  otherwise admitted) such difference shall
          specified in the schedule as the value of the                    independently of all other questions be referred to the
          wreck                                                            decision of a sole arbitrator to be appointed in writing
                                                                           by the parties to the dispute or if they cannot agree
     b)   For partial losses i.e. Losses other than total loss
                                                                           upon a single arbitrator within 30 days of any party
          / constructive total loss of the vehicle - actual and
                                                                           invoking arbitration, the same shall be referred to a
          reasonable cost of repair and / or replacement of
                                                                           panel of three arbitrators, comprising of two
          parts lost or damaged subject to depreciation
                                                                           arbitrators, one to be appointed by each of the parties
          as per limits specified.
                                                                           to the dispute/difference and a third arbitrator to be
4.   The Insured shall take all reasonable steps to                        appointed by such two arbitrators who shall act as the
     safeguard the vehicle from loss or damage and to                      presiding arbitrator and Arbitration shall be conducted
     maintain it in efficient condition and the Company                    under and in accordance with the provisions of the
     shall have at all times free and full access to examine               Arbitration and Conciliation Act, 1996.
     the vehicle or any part thereof or any driver or
                                                                           It is clearly agreed and understood that no difference or
     employee of the Insured. In the event of any accident
                                                                           dispute shall be referable to arbitration as herein
     or breakdown the vehicle shall not be left unattended
                                                                           before provided, if the Company has disputed or not
     without proper precautions being taken to prevent
                                                                           accepted liability under or in respect of this policy.
     further damage or loss and if the vehicle be driven
     before the necessary repairs are effected any                         It is hereby expressly stipulated and declared that it
     extension of the damage or any further damage to the                  shall be a condition precedent to any right of action or
     vehicle shall be entirely at the insured's own risk.                  suit upon this policy that the award by such
                                                                           arbitrator/arbitrators of the amount of the loss or
5.   The Company may cancel the policy by sending seven
                                                                           damage shall be first obtained.
     days notice by recorded delivery to the insured at the
     insured’s last known address and in such event will                   It is also hereby further expressly agreed and declared
     return to the insured the premium paid less the pro                   that if the company shall disclaim liability to the insured
     rata portion thereof for the period the policy has been               for any claim hereunder, and such claim shall not


±                                                                 5                                                                   ±
within 12 calender months from the date of such
      disclaimer have been the subject matter of a suit in a
      court of law then the claims shall for all purpose be
      deemed to have been abandoned and shall not
      thereafter be recoverable hereunder.

8.    The due observance and fulfillment of the terms
      conditions and endorsement of this Policy in so far as
      they relate to anything to be done or complied with by
      the Insured and the truth of the statements and
      answers in the said proposal shall be conditions
      precedent to any liability of the Company to make any
      payment under this Policy.

9.    In the event of the death of the sole Insured, this policy
      will not immediately lapse but will remain valid for a
      period of three months from the date of the death of
      Insured or until the expiry of this policy (whichever is
      earlier). During the said period legal heirs of the
      Insured to whom the custody and use of the Motor
      Vehicle passes may apply to have this Policy
      transferred to his / her / their names or obtain a new
      insurance policy for the Motor Vehicle.

      Where such legal heirs wish to apply for a transfer of
      this policy or obtain a new policy for the Vehicle such
      heir(s) should make an application to the company
      accordingly within the aforesaid period. All such
      applications should be accompanied by :

      a.   Death certificate in relation to the insured

      b.   Proof of title to the Vehicle

      c.   Original Policy

       The Company reserves its rights to abide by any order
of the court in regard to declaration about the legal heir /
heiress and ownership of the vehicle and the nominee will
not have any right to dispute such order of the Court.
customercare@bajajallianz.co.in




12.04.2006/Ver. 01

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Policy wordings(2)

  • 1. ± ± Bajaj Allianz General Insurance Company Limited Issuing office : Important notice* 1. In the event of a claim ,please make sure to call our 24 hours Call Center directly instead of agent or the garage rep. for following help. - to get your claim registered in our records and the claim number issued for future reference. - to know about the claim process and the necessary requirements for faster settlement of claim. - to know the approved garage where vehicle is to be taken for quality repair , cashless settlement and other value added services Improper communication can lead to delay in settlement or repudiation of claim : 2. Please refer to the Claim Guide copy supplied by your agent for more details on claim settlement process, requirements and the Bajaj Allianz Preferred Workshops list . In case you have'nt received ,please contact our nearest office or the agent. 3. Should you decide on garage of your choice , company cannot assure the services such as cash less settlement facility , quality of job , avoid excess or wrong billing by the garage . To contact please dial toll free number : 1600225858 or 020-30305858 (free call from BSNL / MTNL) or email at : callcentrepune@bajajallianz.co.in *conditions apply PRIVATE CAR PACKAGE POLICY Whereas the Insured by a proposal and declaration dated as vi. by accidental external means; stated in the Schedule which shall be the basis of this contract and is deemed to be incorporated herein has applied to Bajaj vii. by malicious act; Allianz General Insurance Company Limited (hereinafter viii. by terrorist activity; referred to as “Company”) for the Insurance hereinafter contained and has paid the premium mentioned in the ix. whilst in transit by road rail inland waterway lift schedule as consideration for such insurance in respect of elevator or air accidental, loss or damage occurring during the Period of Insurance. x. by landslide/rockslide NOW THIS POLICY WITNESSETH that subject to the Terms, Subject to a deduction for depreciation at the rates Exceptions, and Conditions contained herein or endorsed or mentioned below in respect of parts replaced : expressed hereon. 1. For all rubber, nylon, plastic parts, tyre, battery & SECTION I - LOSS OR DAMAGE TO THE VEHICLE INSURED air bags 50% 1. The Company will indemnify the Insured against loss or damage to the Motor Car insured hereunder and/or its 2. For fibre glass components 30 % accessories whilst thereon; 3. For all parts made of glass Nil i. by fire explosion self ignition or lightning; 4. Rate of depreciation for all other parts including wooden ii. by burglary housebreaking or theft; parts will be as per the following schedule iii. by Riot and Strike; AGE OF VEHICLE % OF DEPRECIATION iv. by Earthquake (Fire and Shock Damage); Not exceeding 6 months.......................................Nil v. by Flood Typhoon Hurricane Storm Tempest Exceeding 6 months but not exceeding 1 year ....5% Inundation Cyclone hailstorm Frost; Exceeding 1 year but not exceeding 2 years....10% Regd. & Head Office : GE Plaza, Airport Road, Yerawada, Pune - 411 006. Tel. : (+91 20) 56026666. Fax : (+91 20) 56026667 ± ±
  • 2. ± ± Exceeding 2 years but not exceeding 3 years...15% The IDV of the vehicle ( and accessories if any fitted in the vehicle ) is to be fixed on the basis of the manufacturer’s listed Exceeding 3 years but not exceeding 4 years..25% selling price of the brand and model as the vehicle insured at the commencement of insurance / renewal and adjusted for Exceeding 4 years but not exceeding 5 years.....35% depreciation ( as per schedule below ). Exceeding 5 years but not exceeding 10 years...40% The schedule of age wise depreciation as shown below is Exceeding 10 years...................................................50% applicable for the purpose of Total loss / Constructive Total Loss (TL / CTL) claims only. 2 The Company shall not be liable to make any payment in respect of : AGE OF VEHICLE % OF DEPRECIATION FOR FIXING IDV a. consequential loss depreciation wear and tear Not exceeding 6 months.........................................5% mechanical or electrical breakdown failures or Exceeding 6 months but not exceeding 1 year ....15% breakages Exceeding 1 year but not exceeding 2 years......20% b. damage to tyres and tubes unless the vehicle is damaged at the same time when the liability of the Exceeding 2 years but not exceeding 3 years.....30% Company is limited to 50% of cost of replacement; and Exceeding 3 years but not exceeding 4 years.....40% c. Any accidental loss or damage suffered whilst the Insured or any person driving the vehicle with the Exceeding 4 years but not exceeding 5 years.....50% knowledge and consent of the Insured is under the influence of intoxicating liquor or drugs. IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles (i.e. Models which the manufacturers have 3 In the event of the vehicle being disabled by reason of discontinued to manufacture) is to be determined on the loss or damage covered under this Policy the company basis of understanding between the insurer and the will bear the reasonable cost of protection and removal insured. to the nearest repairer and redelivery to the Insured but not exceeding in all Rs.1500/- in respect of any one IDV shall be treated as the ‘ Market Value’ throughout the accident. policy period without any further depreciation for the purpose of Total Loss (TL) / Constructive Total Loss (CTL) The Insured may authorise the repair of the vehicle claims. necessitated by damage for which the Company may be liable under this Policy provided that: The insured vehicle shall be treated as a CTL if the aggregate cost of retrieval and / or repair of the vehicle, subject to terms a. the estimated cost of such repair including and conditions of the policy, exceeds 75% of the IDV of the replacements does not exceed Rs.500/ vehicle. b. the Company is furnished forthwith a detailed SECTION II - LIABILITY TO THIRD PARTIES estimate of the cost of repairs and 1. Subject to the Limits of Liability as laid down in the c. the Insured shall give the Company every assistance Schedule hereto, the Company, will indemnify the to see that such repair is necessary and the charges are Insured in the event of an accident caused by or arising reasonable. out of the vehicle, against all sums which the Insured shall become legally liable to pay in respect of : SUM INSURED - INSURED’S DECLARED VALUE (IDV) i) death of or bodily injury to any person including The insured declared value (IDV) of the vehicle will be occupants carried in the vehicle (provided such deemed to be the ‘ SUM INSURED’ for the purpose of this occupants are not carried for hire or reward) but policy which is fixed to the commencement of each policy except so far as it is necessary to meet the period for the insured vehicle. ± 2 ±
  • 3. ± ± requirements of Motor Vehicles Act the Company APPLICATION OF LIMITS OF INDEMNITY shall not be liable where such death or injury arises In the event of any accident involving indemnity to more than out of and in the course of the employment of such one person any limitation by the terms of this policy and/or person by the insured. of any Endorsement thereon of the amount of any indemnity ii) damage to property other than property belonging to shall apply to the aggregate amount of indemnity to all the Insured or held in trust or in the custody or control persons indemnified and such indemnity shall apply in of the Insured. priority to the insured. 2. The Company will pay all costs and expenses incurred SECTION III - PERSONAL ACCIDENT COVER with its written consent. FOR OWNER - DRIVER 3. In terms of and subject to the limitations of the indemnity 1 The Company undertakes to pay compensation as per granted by this section to the Insured the Company will the following scale for bodily injury / death sustained indemnify any driver who is driving the vehicle on the by the owner - driver of the vehicle, in direct insured's order or with insured's permission provided connection with the vehicle insured or whilst driving that such driver shall as though he were the Insured or mounting into / dismounting from the vehicle observe fulfil and be subject to the terms exceptions and insured or whilst traveling in it as a co-driver, caused by conditions of this Policy in so far as they can apply. violent accidental external and visible means which 4. In the event of the death of any person entitled to independent of any other cause shall within six indemnity under this Policy the Company will in respect of calendar months of such injury result in : the liability incurred by such person indemnify his/her Nature of injury Scale of compensation personal representatives in the terms of and subject to the limitations of this Policy provided that such personal (I) Death .................................................... 100% representatives shall as though he/she was the Insured observe fulfil and be subject to the terms exceptions and (II) Loss of two limbs or sight of two eyes or conditions of this Policy in so far as they can apply. one limb and sight of one eye.......................... 100% 5. The Company may at its own option (A) arrange for representation at any Inquest or Fatal Inquiry in respect of (III) Loss of one limb or sight of one eye.............. 50% any death which may be the subject of indemnity under this policy and (B) undertake the defence of proceedings (IV) Permanent total disablement from in any Court of Law in respect of any act or alleged offence injuries other than named above. .................. 100% causing or relating to any event which may be the subject to the indemnity under this Section. Provided always that AVOIDANCE OF CERTAIN TERMS AND RIGHT OF RECOVERY A) compensation shall be payable under only one of the items(i) to (iv) above in respect of the owner - Nothing in this Policy or any endorsement hereon shall affect driver arising out of any occurrence and the the right of any person indemnified by this Policy or any other total liability of the insurer shall not in the person to recover an amount under or by virtue of the aggregate exceed the sum of Rs 2. Lakhs during provision of the Motor Vehicles Act. any one period of insurance. But the Insured shall repay to the Company all sums paid by B) no compensation shall be payable in respect of the Company, which the Company would not have been liable death or bodily injury directly or indirectly wholly to pay, but for the said provisions. or in part arising or resulting from or traceable to (1) Intentional self injury suicide or attempted suicide physical defect or infirmity or (2) an accident happening whilst such person is under the influence of intoxicating liquor or drugs. ± 3 ±
  • 4. ± ± C) Such compensation shall be payable directly to combustion shall include any self-sustaining the insured or to his/her legal representatives process of nuclear fission. whose receipt shall be the full discharge in respect of the injury to the insured. 5. Any accidental loss damage or liability directly or indirectly caused by or contributed to by or arising 2) This cover is subject to from nuclear weapons material. (a) the owner-driver is the registered owner of the 6. Any accidental loss damage and/or liability directly or vehicle insured herein; indirectly or proximately or remotely occasioned by contributed to / by or traceable to or arising out of or in (b ) The owner driver is the insured named in this connection with War, Invasion, the Act of foreign policy. enemies, hostilities or Warlike operations (whether before or after declaration of war) Civil War, Mutiny (c) the owner-driver holds an effective driving Rebellion, Military or usurped power or by any direct license, in accordance with the provisions of Rule or indirect consequences of any of the said 3 of the central Motor Vehicles Rules, 1989, at the occurrences and in the event of any claim hereunder time of the accident. the Insured shall prove that the accidental loss damage GENERAL EXCEPTIONS and/or liability arose independently of and was in no way connected with or occasioned by or contributed to (Applicable to all Sections of the Policy) by or traceable to any of the said occurrences or any consequences thereof and in default of such proof the The Company shall not be liable under this Policy in Company shall not be liable to make any payment in respect of such a claim. respect of: DEDUCTIBLE 1. Any accidental loss damage and/or liability caused sustained or incurred outside the Geographical Area. The Company shall not be liable for each and every under Section -I (loss of damage to vehicle insured) of this policy in 2. Any claim arising out of any contractual liability. respect of the deductible stated in the schedule. 3. Any accidental loss damage and/or liability caused CONDITIONS sustained or incurred whilst the vehicle insured herein is This policy and the Schedule shall be read together and any word or expression to which a specific meaning has been a. being used otherwise than in accordance with the attached in any part of this Policy or of the Schedule shall bear limitations as to Use or the same meaning wherever it may appear. b. being driven by or is for the purpose of being 1. Notice shall be given in writing to the Company driven by him/her in the charge of any person immediately upon the occurrence of any accidental other than a driver as stated in the drivers clause. loss or damage in the event of any claim and thereafter the Insured shall give all such information and 4. a. Any accidental loss or damage to any property assistance as the Company shall require. Every letter whatsoever or any loss or expense whatsoever claim writ summons and/or process or a copy thereof resulting or arising therefrom or any shall be forwarded to the Company immediately on consequential loss. receipt by the Insured. Notice shall also be given in b. Any liability of whatsoever nature directly or writing to the Company immediately the Insured shall indirectly caused by or contributed to by or arising have knowledge of any impending Prosecution from ionising radiations or contamination by Inquest or Fatal Inquiry in respect of any occurrence, radioactivity from any nuclear fuel or from any which may give rise to a claim under this Policy. In nuclear waste from the combustion of nuclear case of theft or criminal act which may be the subject fuel. For the purpose of this exception of a claim under this Policy the Insured shall give ± 4 ±
  • 5. ± ± immediate notice to the Police and co-operate with the in force or the policy may be cancelled at any time by Company in securing the conviction of the offender. the insured on seven days’ notice by recorded delivery and provided no claim has arisen during the currency 2. No admission, offer, promise, payment, or indemnity of the policy, the insured shall be entitled to a return of shall be made or given by or on behalf of the Insured premium less premium at the company’s Short Period without the written consent of the Company which rates for the period the policy has been in force. Return shall be entitled if it so desires to take over and of the premium by the company will be subject conduct in the name of the Insured the defence or to retention of the minimum premium of Rs.100/- settlement of any claim or to prosecute in the name of (or Rs. 25/- in respect of vehicles specificially designed / the Insured for its own benefit any claim for indemnity modified for use by blind / handicapped/mentally or otherwise and shall have full discretion in the challenged persons). Where the ownership of the conduct of any proceedings or in the settlement of any vehicle is transferred, the policy cannot be cancelled claim and the Insured shall give all such information unless evidence that the vehicle is insured elsewhere is and assistance as the Company may require. produced. 3. The Company may at its own option repair reinstate or 6. If at the time any claim arises under this Policy there is replace the vehicle or part thereof and/or its any other existing insurance covering the same loss, accessories or may pay in cash the amount of the loss damage or liability, the Company shall not be liable to or damage and the liability of the Company shall not pay or contribute more than its rateable proportion of exceed the loss damage compensation cost or expenses. a) For total loss / Constructive total loss of the 7. If any dispute or difference shall arise as to the vehicle the Insured’s Declared Value (IDV) of quantum to be paid under this policy (liability being the vehicle (including accessories thereon ) as otherwise admitted) such difference shall specified in the schedule as the value of the independently of all other questions be referred to the wreck decision of a sole arbitrator to be appointed in writing by the parties to the dispute or if they cannot agree b) For partial losses i.e. Losses other than total loss upon a single arbitrator within 30 days of any party / constructive total loss of the vehicle - actual and invoking arbitration, the same shall be referred to a reasonable cost of repair and / or replacement of panel of three arbitrators, comprising of two parts lost or damaged subject to depreciation arbitrators, one to be appointed by each of the parties as per limits specified. to the dispute/difference and a third arbitrator to be 4. The Insured shall take all reasonable steps to appointed by such two arbitrators who shall act as the safeguard the vehicle from loss or damage and to presiding arbitrator and Arbitration shall be conducted maintain it in efficient condition and the Company under and in accordance with the provisions of the shall have at all times free and full access to examine Arbitration and Conciliation Act, 1996. the vehicle or any part thereof or any driver or It is clearly agreed and understood that no difference or employee of the Insured. In the event of any accident dispute shall be referable to arbitration as herein or breakdown the vehicle shall not be left unattended before provided, if the Company has disputed or not without proper precautions being taken to prevent accepted liability under or in respect of this policy. further damage or loss and if the vehicle be driven before the necessary repairs are effected any It is hereby expressly stipulated and declared that it extension of the damage or any further damage to the shall be a condition precedent to any right of action or vehicle shall be entirely at the insured's own risk. suit upon this policy that the award by such arbitrator/arbitrators of the amount of the loss or 5. The Company may cancel the policy by sending seven damage shall be first obtained. days notice by recorded delivery to the insured at the insured’s last known address and in such event will It is also hereby further expressly agreed and declared return to the insured the premium paid less the pro that if the company shall disclaim liability to the insured rata portion thereof for the period the policy has been for any claim hereunder, and such claim shall not ± 5 ±
  • 6. within 12 calender months from the date of such disclaimer have been the subject matter of a suit in a court of law then the claims shall for all purpose be deemed to have been abandoned and shall not thereafter be recoverable hereunder. 8. The due observance and fulfillment of the terms conditions and endorsement of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy. 9. In the event of the death of the sole Insured, this policy will not immediately lapse but will remain valid for a period of three months from the date of the death of Insured or until the expiry of this policy (whichever is earlier). During the said period legal heirs of the Insured to whom the custody and use of the Motor Vehicle passes may apply to have this Policy transferred to his / her / their names or obtain a new insurance policy for the Motor Vehicle. Where such legal heirs wish to apply for a transfer of this policy or obtain a new policy for the Vehicle such heir(s) should make an application to the company accordingly within the aforesaid period. All such applications should be accompanied by : a. Death certificate in relation to the insured b. Proof of title to the Vehicle c. Original Policy The Company reserves its rights to abide by any order of the court in regard to declaration about the legal heir / heiress and ownership of the vehicle and the nominee will not have any right to dispute such order of the Court.