Motor Tariff
Motor Tariff
Motor Tariff
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INDIA MOTOR TARIFF
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INDEX
SECTION SUBJECT
SECTION 1. General Regulations (GR)
SECTION 2. Tariff for Private Car
SECTION 3. Tariff for Motorised Two–Wheelers
SECTION 4. Tariff for Commercial Vehicles
A. Tariff for Goods Carrying Vehicles
B. Tariff for Trailers
C. Tariff for Vehicles used for Carrying
Passengers for Hire or Reward
D. Tariff for Miscellaneous and Special
Type of Vehicles
E. Tariff for Motor Trade - Road Transit
Risks
F. Tariff for Motor Trade - Road Risks
G. Tariff for Motor Trade - Internal Risks
SECTION 5. Proposal Forms
SECTION 6. Standard Wordings in respect of
Policy including Premium Computation
Table and Certificate of Insurance
Cover Note
SECTION 7. India Motor Tariff (IMT) Endorsements
SECTION 8. Statistical Codes
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INDEX
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General Regulations Page No:
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GENERAL REGULATIONS
Motor Insurance in India cannot be transacted outside the purview of the India Motor
Tariff unless specifically authorized by the TAC. For risks which have not been provided
for in the tariff, reference should be made to TAC for advice thereon.
Motor Insurance includes Private Cars, Motorized Two Wheelers and Commercial
Vehicles excluding vehicles running on rails.
Policies insuring Motor Vehicles are to be issued only as per the Standard Form(s) given
in Section 6 of the INDIA MOTOR TARIFF.
A. Types of Policies
(i) Liability Only Policy: This covers Third Party Liability for bodily injury
and/ or death and Property Damage .Personal Accident Cover for Owner-
Driver is also included.
(ii) Package Policy: This covers loss or damage to the vehicle insured in
addition to (i) above.
Restricting the scope of cover under Section-I (loss of or damage to the vehicle
insured) of the Package policy without any reduction in Tariff rates is permitted.
Excepting this, no alteration or extension of any of the Covers, Terms, Conditions,
Exclusions, etc. of any of the Policies/Endorsements laid down in this tariff is permitted
without prior approval of the TAC.
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B. Rating:
Rates provided under this Tariff are minimum rates. Loading on tariff premium rates by
100% may be applied for adverse claims experience of the vehicle insured and
individual risk perception as per the insurer’s assessment. If the experience continues to
be adverse, a further loading of 100% on the expiring premium may be applied. No
further loading shall apply.
a) Bangladesh
b) Bhutan
c) Nepal
d) Pakistan
e) Sri Lanka
f) Maldives
as the case may be, by charging a flat additional premium, as stated below for a period
not exceeding 12 months:
Such geographical extensions, however, specifically exclude cover for damage to the
vehicle/ injury to its occupants/ TP liability in respect of the vehicle during air
passage/ sea voyage for the purpose of ferrying the vehicle to the extended
Geographical Area.
Any car manufactured prior to 31-12-1940 and duly certified by the Vintage and Classic
Car Club of India can be considered a Vintage car for the purpose of this tariff.
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GR.7. Valued Policies
Under an Agreed Value Policy a specified sum agreed as the insured value of the
vehicle is paid as compensation in case of Total Loss/Constructive Total Loss of the
vehicle without any deduction for depreciation.
It is not permitted to issue Agreed Value Policies under this tariff excepting for policies
covering vintage cars as defined under 5 above.
The Insured’s Declared Value (IDV) of the vehicle will be deemed to be the ‘SUM
INSURED’ for the purpose of this tariff and it will be fixed at the commencement of each
policy period for each insured vehicle.
The IDV of the vehicle is to be fixed on the basis of manufacturer’s listed selling price of
the brand and model as the vehicle proposed for insurance at the commencement of
insurance /renewal and adjusted for depreciation (as per schedule specified below). The
IDV of the side car(s) and / or accessories, if any, fitted to the vehicle but not included in
the manufacturer’s listed selling price of the vehicle is also likewise to be fixed.
The schedule of age-wise depreciation as shown below is applicable for the purpose of
Total Loss/ Constructive Total Loss (TL/ CTL) claims only. A vehicle will be
considered to be a CTL, where the aggregate cost of retrieval and / or repair of the
vehicle subject to terms and conditions of the policy exceeds 75% of the IDV.
The depreciation for replacement of parts in partial loss claims will be as per a separate
schedule specified under GR.9.
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NOTE: IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles (
i.e. models which the manufacturers have discontinued to manufacture) is to be
determined on the basis of an understanding between the insurer and the insured.
For the purpose of TL/CTL claim settlement, this IDV will not change during the
currency of the policy period in question. It is clearly understood that the liability of the
insurer shall in no case exceed the IDV as specified in the policy schedule less the value
of the wreck, in ‘as is where is’ condition.
The following rates of depreciation shall apply for replacement of parts for partial
loss claims in respect of all categories of vehicles / accessories.
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GR.10. Geographical Zones
For the purpose of rating, the whole of India has been divided into the following zones
depending upon the location of the office of registration of the vehicle concerned.
(i) Private Cars/ Motorized Two Wheelers / Commercial Vehicles rateable under
Section 4.C.1 and C.4.
(ii) Commercial Vehicles excluding vehicles rateable under Section 4. C.1 and C.4.
Unless specifically stated otherwise, premiums quoted in the Schedules under various
Sections of the India Motor Tariff are the premiums payable on policies issued or
renewed for a period of twelve months. No policy is permitted to be issued or renewed
for any period longer than twelve months. It shall, however, be permissible to extend the
period of insurance under the policy for any period less than twelve months, for the
purpose of arriving at a particular renewal date or for any other reasons convenient to the
insured, by payment of extra premium calculated on pro-rata basis, provided such
policies are renewed with the same insurer immediately after the expiry of such an
extension. All such extensions will require attachment of the following Warranty to the
policy.
"In consideration of the premium for this extension being calculated at a pro-rata
proportion of the annual premium, it is hereby declared and agreed by the insured that
upon expiry of this extension, this policy shall be renewed for a period of twelve months,
failing which the difference between the extension premium now paid on pro rata
basis and the premium at short period rate shall become payable by the insured.”
Short Period Cover/ Renewal may be granted for periods less than twelve months at the
following short period scale:
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SHORT PERIOD SCALE
N.B.: 1.Extension of short period covers/short period renewals, for any reason, can be
granted only by charging the premium for such extensions at the above
mentioned short period rates.
N.B.:2. Short period covers/short period renewals for Liability Only Policies are not
permissible.
(a) In case of a Package Policy, the Own Damage and the Liability components of
premium are required to be displayed separately in the Policy Schedule.
(b) Similarly, all permissible loadings on /discounts from tariff rates are required to
be displayed separately in the policy schedule.
(c) The Own Damage as well as the Liability components of premium are required to
be rounded off to the nearest rupee, separately.
The minimum premium applicable for vehicles specially designed or modified for use of
the blind, handicapped and mentally challenged persons will be Rs.25/- per vehicle. For
all other vehicles, the applicable minimum premium per vehicle will be Rs.100/-.
GR.17. Transfers
On transfer of ownership, the Liability Only cover, either under a Liability Only policy
or under a Package policy, is deemed to have been transferred in favour of the person to
whom the motor vehicle is transferred with effect from the date of transfer.
The transferee shall apply within fourteen days from the date of transfer in writing under
recorded delivery to the insurer who has insured the vehicle, with the details of the
registration of the vehicle, the date of transfer of the vehicle, the previous owner of the
vehicle and the number and date of the insurance policy so that the insurer may make the
necessary changes in his record and issue fresh Certificate of Insurance.
In case of Package Policies, transfer of the “Own Damage” section of the policy in
favour of the transferee, shall be made by the insurer only on receipt of a specific request
from the transferee along with consent of the transferor. If the transferee is not entitled to
the benefit of the No Claim Bonus (NCB) shown on the policy, or is entitled to a lesser
percentage of NCB than that existing in the policy, recovery of the difference between the
transferee’s entitlement, if any, and that shown on the policy shall be made before
effecting the transfer.
A fresh Proposal Form duly completed is to be obtained from the transferee in respect of
both Liability Only and Package Policies.
Transfer of Package Policy in the name of the transferee can be done only on getting
acceptable evidence of sale and a fresh proposal form duly filled and signed. The old
Certificate of Insurance for the vehicle, is required to be surrendered and a fee of Rs.50/-
is to be collected for issue of fresh Certificate in the name of the transferee. If for any
reason, the old Certificate of Insurance cannot be surrendered, a proper declaration to that
effect is to be taken from the transferee before a new Certificate of Insurance is issued.
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GR.18. Change of Vehicle
A vehicle insured under a policy can be substituted by another vehicle of the same class
for the balance period of the policy subject to adjustment of premium, if any, on pro-rata
basis from the date of substitution.
Where the vehicle so substituted is not a total loss, evidence in support of continuation of
insurance on the substituted vehicle is required to be submitted to the insurer before such
substitution can be carried out.
Policies and Certificates of Insurance are to be issued in the name of Hirer only and
issuance in the joint names of the Hirer and Owner is prohibited. If Owner's interest is to
be protected it should be done by the use of Endorsement IMT - 5.
For the purpose of the Personal Accident cover for the Owner-Driver granted under the
policy, the insured named in the policy will continue to be deemed as the Owner- driver
subject to conditions of the policy relating to this cover.
Policies and Certificates of Insurance are to be issued in the name of Lessee only and
issuance in the joint names of the Lessee and Lessor is prohibited. If Lessor’s interest is
to be protected, it should be done by the use of Endorsement IMT - 6.
For the purpose of the Personal Accident cover for the Owner-Driver granted under the
policy, the insured named in the policy will continue to be deemed as the Owner- driver
subject to conditions of the policy relating to this cover.
Policies and Certificates of Insurance are to be issued in the name of Registered Owner
only and issuance in the joint names of the Registered Owner and Pledgee is prohibited.
If Pledgee’s interest is to be protected, it should be done by the use of Endorsement
IMT - 7.
For the purpose of the Personal Accident cover for the Owner-Driver granted under the
policy, the registered owner named in the policy will continue to be deemed as the
Owner- driver subject to conditions of the policy relating to this cover.
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GR.22. Cover Note
(i) Cover Notes insuring Motor Vehicles are to be issued only in Form 52 in terms of
Rule 142 Sub-Rule (1) of the Central Motor Vehicles Rules 1989. (Refer Section 6 of
the India Motor Tariff).
(ii) In terms of Rule 142, Sub-Rule (2) of Central Motor Vehicles Rules 1989, a Cover
Note shall be valid for a period of sixty days from the date of its issue and the insurer
shall issue a policy of insurance before the date of expiry of the Cover Note.
A Cancellation of Insurance
(a) A policy may be cancelled by the insurer by sending to the insured seven
days notice of cancellation by recorded delivery to the insured’s last
known address and the insurer will refund to the insured the pro-rata
premium for the balance period of the policy.
(c ) A policy can be cancelled only after ensuring that the vehicle is insured
elsewhere, at least for Liability Only cover and after surrender of the
original Certificate of Insurance for cancellation.
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B. Double Insurance
When two policies are in existence on the same vehicle with identical cover, one of the
policies may be cancelled. Where one of the policies commences at a date later than the
other policy, the policy commencing later is to be cancelled by the insurer concerned.
If a vehicle is insured at any time with two different offices of the same insurer, 100%
refund of premium of one policy may be allowed by canceling the later of the two
policies. However, if the two policies are issued by two different insurers, the policy
commencing later is to be cancelled by the insurer concerned and pro-rata refund of
premium thereon is to be allowed.
In all such eventualities, the minimum premium as specified in the tariff is to be retained.
In either case, no refund of premium can be allowed for such cancellation if any claim
has arisen on either of the policies during the period when both the policies were in
operation, but prior to cancellation of one of the policies.
Following any changes in the policy during its currency, affecting the information shown
on the Certificate of Insurance, the Certificate of Insurance is required to be returned to
the Insurer for cancellation and a fresh Certificate incorporating the changes is to be
issued.
Remittance of Rs. 50/- is required to be made to the insurer for each issuance of fresh
Certificate of Insurance.
AND
c) pays to the insurer a fee of Rs.50/- (Fifty) in respect of each such
new certificate or Cover Note, the insurer shall, if satisfied that such
certificate or cover note has been lost, destroyed and that all reasonable
efforts have been made to find it, or that it has been destroyed or is soiled,
defaced or mutilated as the case may be, issue in lieu thereof a duplicate
certificate or insurance or cover note with the word ‘Duplicate’ prominently
endorsed to that effect.
(a) No Claim Bonus(NCB) can be earned only in the Own Damage section of Policies
covering all classes of vehicles but not on Motor Trade Policies (Road Transit
Risks / Road Risks / Internal Risks) and policies which cover only Fire and / or
Theft Risks. For policies covering Liability with Fire and/or Theft Risks, the NCB
will be applicable only on the Fire and / or Theft components of the premium. An
insured becomes entitled to NCB only at the renewal of a policy after the expiry of
the full duration of 12 months.
(b) No Claim Bonus, wherever applicable, will be as per the following table.
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years of insurance
Sunset Clause: If at the renewal falling due any time between 1 st July 2002 and
30th June 2003, both days inclusive, (after completion of the full policy period of
12 months) an insured becomes entitled to an NCB of 55% or 65% in terms of the
Tariff prevailing prior to 1st July 2002, the entitlement of such higher percentage
of NCB will remain protected for all subsequent renewals till a claim arises under
the policy, in which case the NCB will revert to ‘Nil’ at the next renewal.
Thereafter, NCB if any earned, will be in terms of the above table.
(c) The percentage of applicable NCB is to be computed on the Own Damage premium
required for renewal of the insurance after deducting any rebate in respect of "Vehicle
Laid Up" under the policy. If the policy period has been extended in lieu of the rebate
for the lay up of the vehicle, as per ‘Vehicle Laid Up’ Regulation, such extended
period shall be deemed to have been part of the preceding year of insurance.
(d) The entitlement of NCB shall follow the fortune of the original insured and not the
vehicle or the policy. In the event of transfer of interest in the policy from one insured
to another, the entitlement of NCB for the new insured will be as per the transferee’s
eligibility following the transfer of interest.
It is however, clarified that the entitlement of No Claim Bonus will be applicable
for the substituted vehicle subject to the provision that the substituted vehicle on
which the entitled NCB is to be applied is of the same class (as per this tariff) as
the vehicle on which the NCB has been earned.
Provided that where the insured is an individual, and on his/ her death the custody and
use of the vehicle pass to his/her spouse and/or children and/or parents, the NCB
entitlement of the original insured will pass on to such person/s to whom the custody
and use of the vehicle pass.
(e) The percentage of NCB earned on a vehicle owned by an institution during the period
when it was allotted to and exclusively operated by an employee should be passed on
to the employee if the ownership of the vehicle is transferred in the name of the
employee. This will however require submission of a suitable letter from the employer
confirming that prior to transfer of ownership of the vehicle to the employee, it was
allotted to and exclusively operated by the employee during the period in which the
NCB was earned.
(f) In the event of the insured, transferring his insurance from one insurer to another
insurer, the transferee insurer may allow the same rate of NCB which the insured
would have received from the previous insurer. Evidence of the insured's NCB
entitlement either in the form of a renewal notice or a letter confirming the NCB
entitlement from the previous insurer will be required for this purpose.
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Where the insured is unable to produce such evidence of NCB entitlement from the
previous insurer, the claimed NCB may be permitted after obtaining from the insured a
declaration as per the following wording:
“I / We declare that the rate of NCB claimed by me/us is correct and that no claim
as arisen in the expiring policy period (copy of the policy enclosed). I/We further
undertake that if this declaration is found to be incorrect, all benefits under the
policy in respect of Section I of the Policy will stand forfeited.”
Notwithstanding the above declaration, the insurer allowing the NCB will be obliged
to write to the policy issuing office of the previous insurer by recorded delivery calling
for confirmation of the entitlement and rate of NCB for the particular insured and the
previous insurer shall be obliged to provide the information sought within 30 days of
receipt of the letter of enquiry failing which the matter will be treated as a breach of
Tariff on the part of the previous insurer. Failure of the insurer granting the NCB to
write to the previous insurer within 21 days after granting the cover will also
constitute a breach of the Tariff.
(g) If an insured vehicle is sold and not replaced immediately, or laid up, and the policy is
not renewed immediately after expiry, NCB, if any, may be granted on a
subsequent insurance, provided such fresh insurance is effected within 3 (three)
years from the expiry of the previous insurance. The rate of NCB applicable to the
fresh policy shall be that earned at the expiry of the last 12 months period of
insurance.
(h) On production of evidence of having earned NCB abroad, an insured may be granted
NCB on a new policy taken out in India as per entitlement earned abroad, provided
the policy is taken out in India within three years of expiry of the overseas insurance
policy, subject to relevant provisions of NCB under these rules.
(i) Except as provided in Rule (g), no NCB can be allowed when a policy is not renewed
within 90 days of its expiry.
(j) Except as provided in Rules (g), (h) and (i) above, NCB is to be allowed only when
the vehicle has been insured continuously for a period of 12 months without any
break.
GR.28. Automobile Association Membership Discount:
For valid membership of recognized Automobile Associations such as Automobile
Association of Eastern India, the Uttar Pradesh Automobile Association, the Western
India Automobile Association, Automobile Association of Southern India, the
Automobile Association of Upper India, a discount @ 5% of the Own Damage
premium, subject to a maximum of Rs.200/- for a Private Car and maximum of Rs.50/-
for a Motorized Two Wheeler may be allowed. It is, however, clarified that irrespective
of the number of Associations of which an insured may be a member, discount for only
one membership of such Association is to be permitted.
The discount is applicable only on the Own Damage premium under Section I of the
Package Policy. Policies covering Fire and/or Theft risks only are not eligible for the
discount.
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The discount applies to both new business and renewals. If the insured becomes a
member of any of the above Automobile Associations, during the currency of the policy,
the discount may be allowed pro-rata calculated from the date of his membership of the
Association concerned. On cancellation or termination of the membership of the
Automobile Association during the currency of the policy, pro rata discount from
the date of cancellation/ termination of membership till the expiry of the policy is to
be recovered from the insured.
The discount is applicable only to individual owners or joint owners or companies who
are members of the above mentioned Automobile Associations.
Private Cars certified by the Vintage and Classic Car Club of India as Vintage Cars will
be eligible for 25% discount on Own Damage Premium.
For mid-term certification as Vintage Car pro-rata proportion of the tariff discount for the
unexpired period of the policy is to be allowed.
Vehicles (other than those covered under Motor Trade policies) fitted with anti-theft
devices approved by Automobile Research Association of India (ARAI), Pune and whose
installation is duly certified by any of the Automobile Associations mentioned in GR.28
above are eligible for a discount of 2.5% on the OD component of premium subject to a
maximum of Rs. 500/-.
For mid-term installation of anti-theft device approved and certified as above in the
vehicle insured, pro rata proportion of the premium discount calculated as per tariff
provision for the unexpired period of the policy is to be allowed.
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GR.31. Concession for Laid-Up Vehicles
Vehicles laid up in garage and not in use for a period of not less than two consecutive
months will be entitled to:
a) A pro-rata return of premium for the period during which the vehicle is so laid
up, which return will be credited to the insured in consideration of suspension of the
insurer’s liability under the policy during the period of lay-up.
The credited return of premium will be deducted from the next renewal premium.
This cannot be given as cash refund even if the policy is not renewed with the
same insurer.
The calculation of the amount of the return premium is to be made on the net
premium on the date of issue of the policy or the date of renewal of the policy
preceding the laying-up of the vehicle.
OR
b) The expiry date of the current period of insurance under the policy may be
extended for a period equal to the period the policy remained suspended on account
of the lay-up.
The adoption of alternatives (a) or (b) above will be at the option of the insured. In
either case, the insured will be required to pay Rs.15/- towards administrative costs.
The liability of the insurer under the policy will remain restricted for loss or damage of
the insured vehicle by Fire and/or Theft as applicable during the period of such lay-up. In
consideration of this restriction of cover under the policy: -
a) a pro rata return of premium for the period during which the vehicle
is so laid up will be credited to the insured after retention of pro rata premium for the
lay-up period in the tariff rate for Fire and/or Theft Risks as applicable for the class
of vehicle concerned.
The credited return of premium will be deducted from the next renewal premium.
This cannot be given as cash refund even if the policy is not renewed with the
same insurer.
The calculation of the amount of the return of premium is to be made on the net
premium on the date of issue of the policy or the date of renewal of the policy
preceding the laying-up of the vehicle
OR
b) the expiry date of the current period of insurance under the policy may be extended
for a period equal to the period the policy remained suspended on account of the lay-
up.
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The adoption of alternatives (a) or (b) above will be at the option of the insured. In
either case, the insured will be required to pay Rs.15/- towards administrative costs.
Endorsement IMT 11-A is to be used where the entire period of lay-up and suspension /
restriction of cover has been intimated to the insurer.
Endorsements IMT 11-B/11-C is to be used where the entire period of lay-up and
suspension / restriction of cover is “until further notice”.
Mid-term inclusion/cancellation of extra benefits shall not be permitted more than once
during the currency of a policy.
GR.33. Concessions for Specially Designed / Modified Vehicles for the Blind,
Handicapped and Mentally challenged persons
In case of vehicles specially designed / modified for use of blind, handicapped and
mentally challenged persons, a discount of 50% may be allowed on the Own Damage
premium in respect of both privately owned vehicles and vehicles owned and used by
institutions engaged exclusively in the services of the blind, handicapped and mentally
challenged persons. The discount is to be allowed only in respect of such vehicles, which
have been suitably endorsed in the Registration Certificate by the RTA concerned.
Endorsement IMT –12 is to be used.
It is not permissible to insure any vehicle in the name of an insured not conforming to the
name recorded as owner of the vehicle in the vehicle registration document, excepting
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i) in case of temporary substitution,
ii) in respect of Motor Trade Risk, or
iii) as provided in General Regulation 19, 20 and 21
It is not permissible to insure any vehicle for use for a purpose other than that
permitted by the RTA concerned
(i) Use confined to own premises (applicable to all classes except as otherwise
provided in the Tariff).
Where a vehicle is to be used in the insured's own premises to which the public have no
general right of access and provided the vehicle is not licensed by the authorities
concerned for general road use, a policy may be issued at the applicable Tariff rate with a
discount of 33 1/3%.
Where a vehicle is to be used only on a site or sites to which the public has no general
right of access and the vehicle is not required to be registered under the Motor Vehicles
Act, a policy may be issued at the applicable Tariff rate with a discount of 33 1/3%.
Compulsory Personal Accident Cover shall be applicable under both Liability Only and
Package policies. The owner of insured vehicle holding an ‘effective’ driving license is
termed as Owner-Driver for the purposes of this section.
Cover is provided to the Owner-Driver whilst driving the vehicle including mounting
into/ dismounting from or traveling in the insured vehicle as a co–driver.
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NB. This provision deals with Personal Accident cover and only the registered
owner in person is entitled to the compulsory cover where he/she holds an effective
driving license. Hence compulsory PA cover cannot be granted where a vehicle is
owned by a company, a partnership firm or a similar body corporate or where the
owner-driver does not hold an effective driving license. In all such cases, where
compulsory PA cover cannot be granted, the additional premium for the
compulsory P.A. cover for the owner - driver should not be charged and the
compulsory P. A. cover provision in the policy should also be deleted. Where the
owner-driver owns more than one vehicle, compulsory PA cover can be granted for
only one vehicle as opted by him/her.
The scope of the cover, Capital Sum Insured (CSI) and the annual premium payable
under this section are as under:-
Private Cars 2 lakhs 100/- i)100% of CSI for Death, Loss of Two
Limbs or sight of both eyes or one limb
and sight of one eye.
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Disablement from injuries other than
those named above.
B. Optional Personal Accident Cover for persons other than Owner-Driver
The cover under this section is limited to maximum Capital Sum Insured (CSI) of Rs. 2
lacs. per person..
2. Private Cars, three wheelers rated as Private cars and Motorized Two Wheelers (not
used for hire or reward) with or without side car : For unnamed passengers
limited to the registered carrying capacity of the vehicle other than the insured, his
paid driver and cleaner.
3. In respect of all classes of vehicles: For paid drivers, cleaners and conductors.
4. Motorized Two Wheelers with or without side car( used for hire or reward ): For
unnamed hirer/ driver.
The scope of the cover, Capital Sum Insured and the annual premium payable under this
section would be as under:-
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GR.37. Cover for vehicles imported without customs duty
Vehicles requisitioned by the Government are automatically held covered during the
period of requisition without any additional premium. In the event of a loss/ damage
occurring during the period of such requisition, the insurer shall pay losses / liabilities
if any, in excess of the amount(s) made good by the Government.
A. Limits of cover for Third Party Property Damage (other than for goods carried in
the insured vehicle) under Liability Only policies and under Section II – 1(ii) of
various Package policies are as per the following table:- (This provision shall not
apply to vehicles ratable under Class G – Tariff for Motor Trade - Internal Risks)
CLASS OF VEHICLES TPPD
COVER
(Rs)
B. However, the insured can at the inception of the policy, opt to restrict to the TPPD
cover to the statutory limit of Rs. 6000/- as provided in the M. V. Act. In such an
event, the base TP premium applicable (before any loading/ discount ) may be
reduced by Rs. 200/-, Rs. 150/-, Rs. 100/- and Rs. 50/- for Class 1, 2, 3 and 4 as above
respectively.
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GR.40. Compulsory Deductibles.
Claims under Own Damage section of policies covering all classes of vehicles are
subject to a compulsory deductible as per the under noted table:-
NB.1. The above Compulsory Deductibles are also to be applied where restricted covers
as specified under GR 45 A/B are granted.
NB.2. The endorsements applicable for compulsory deductibles as per above schedule
will be as follows:
a. For all commercial vehicles excluding taxis and motorized two wheelers
b. carrying passengers for hire or reward– Endorsement IMT – 21 is to be used.
c. For private cars, three wheelers rated as private cars, all motorized two
wheelers and taxies – Endorsement IMT– 22 is to be used.
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GR.41. Electrical / Electronic fittings
If electrical and or electronic items fitted to the vehicle but not included in the
manufacturer’s selling price of the vehicle are to be insured, it can be done separately
under Section-I ( loss of or damage to the vehicle insured) of the package policy at an
additional premium @ 4% on the value of such fittings to be specifically declared by
the insured in the proposal form and or in a letter forming part of the proposal
form.
(a) In case of vehicles fitted with bi-fuel system such as Petrol/Diesel and CNG /LPG,
permitted by the concerned RTA, the CNG/LPG kit fitted to the vehicle is to be insured
separately at an additional premium @ 4% on the value of such kit to be specifically
declared by the insured in the proposal form and/or in a letter forming part of the
proposal form.
(b) Where the vehicle is fitted with only CNG/ LPG engine or where the vehicle is fitted
with bi-fuel system referred above but the value of the CNG / LPG kit is not separately
available, reference is to be made to TAC for advice on rating of Own Damage cover.
(c) An additional premium of Rs. 60/- per vehicle to be charged towards Liability Only
cover on account of CNG/ LPG system.
All policies covering vehicles fitted with fibre glass fuel tanks will attract an additional
premium of Rs. 50/- in the Own Damage section excepting vehicles rateable under Class
D of Commercial Vehicles Tariff where the additional premium will be Rs. 100/-.
Vehicles used by Driving Schools recognized by the RTA for giving tuition, having
double clutches and double brakes with professional tutor accompanying the trainee can
be covered by charging premium as under :-
VEHICLE OWN DAMAGE PREMIUM LIABILITY ONLY
PREMIUM
Private cars Applicable O.D. premium + 60% As per Private car tariff
Commercial vehicle Applicable O.D. premium + 60% As per Commercial vehicle
- Goods carrying tariffs
vehicle
Commercial Applicable O.D. premium + 60% As per Commercial vehicle
vehicle – Passenger tariffs
carrying vehicles
xxvii
In case of three wheelers and motorized two wheelers used by Driving Schools
recognized by the RTA for giving tuition, the premium chargeable will be the applicable
tariff premium with a loading of 60% (on both Own Damage and Liability Only risks
premiums.)
Note: For vehicles used for driving tuitions the words “other than for the purpose of
driving tuitions” are to be added after the words “hire or reward” in the Policy Schedule/
Certificate of Insurance concerning “LIMITATIONS AS TO USE”.
On the basis of written specific declaration from the insured to the effect that for the
entire duration of the policy period the vehicle will not be used at all, policies may be
issued to cover the risks of Fire and/or Theft only (without Liability Only cover) at the
following rates of premium subject to a minimum premium as specified under GR. 16.
Issuance of this restricted cover is prohibited for vehicles rateable under Class – D
(Tariff for Miscellaneous and Special Types of Vehicles), Class – E (Tariff for
Motor Trade - Road Transit Risks), Class – F (Tariff for Motor Trade – Road Risks
only) and Class – G ( Tariff for Motor Trade – Internal Risks only).
GR 45 B Restricted cover for Liability Only and Fire and / or Theft Risks
Policy may be issued covering the vehicle for the restricted Liability Only with Fire
and /or Theft risks only by charging premium as per the following schedule subject to a
xxviii
minimum premium as specified under GR – 16.
Issuance of this restricted cover is prohibited for vehicles rateable under Class – D,
Tariff for Miscellaneous and Special Types of Vehicles.
Liability Only Policy with Fire Liability Only Premium + 25% of the appropriate
only cover OD Premium for the vehicle
Liability Only Policy and Theft Liability Only Premium + 30% of the appropriate
OD Premium for the vehicle
Liability Only Policy and Fire Liability Only Premium + 50% of the appropriate
& Theft OD Premium for the vehicle
NOTE : For Declaration Policies issued under Section ‘Motor Trade – Road Transit
Risks only – Class E’ – Refer to the relevant section of the said Tariff.
(b) Discounts on fire and / or theft risks premium components for voluntary
deductibles for vehicles rateable under Tariff for Private Cars / Motorized Two
Wheelers.
(c) Discounts for Membership of recognised Automobile Associations as per GR.28 for
vehicles rateable under Tariff for Private Cars / Motorized Two Wheelers.
For rating of vehicles driven solely by any non-conventional source of power, like battery
etc., and permitted by RTA s, reference may be made to TAC.
xxix
GR. 47. Submission of Statistics
To enable the TAC to evaluate the efficacy, adequacy and justification of this tariff and to
consider whether or not provisions of the tariff require review / rationalization and to
facilitate such review / rationalization based on actual underwriting experience of the
Motor portfolio it is imperative that the insurers furnish detailed and dependable statistics
on various aspects of this tariff relating to terms of cover limitations exceptions and
pricing thereof.
To facilitate data collection and its periodical submission to TAC under provisions of
Section 64 UE of Insurance Act 1938 extensive statistical codes as provided under
Section - 8 of this tariff has to be made use of.
On matters relating to any of the provisions of the India Motor Tariff, clarifications and
interpretations given by the Tariff Advisory Committee will be final and binding on all
concerned.
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SECTION – 2
TARIFF FOR PRIVATE CAR
REGULATIONS
1. SCOPE:
(a) Private Car Type Vehicles used for social, domestic and pleasure purposes and also
for professional purposes (excluding the carriage of goods other than samples) of the
insured or used by the insured's employees for such purposes but excluding use for hire
or reward, racing, pace making, reliability trial, speed testing and use for any
purpose in connection with the Motor Trade.
(b) Motorized three wheeled vehicles (including motorized rickshaws / cabin body
scooters used for private purposes only)
N.B. 1. Motorized three wheeled vehicles (including motorized rickshaws/ cabin body
scooters used for private purposes only), with engine cubic capacity
exceeding 750 cc but not exceeding 1000 cc, are to be rated on the basis of
minimum cubic capacity of 1000 cc. Motorized three wheeled vehicles with
engine cubic capacity not exceeding 750 cc. are also to be rated as Private Cars
with 50% discount on Own Damage premium only. The premium rates shall
however not be less than the rates applicable for motorized two wheelers
prescribed for the same CC and age under Section-3 of this tariff. The Premium
for Liability cover and / or for any extra benefits should be collected in full.
N.B. 2. Motorized three wheeled vehicles used for carriage of either own goods or for
hire or reward are rateable under Class A.3 / Class A.4 ( as applicable) of the
Commercial Vehicles Tariff.
N.B. 3. Motorized three wheeled vehicles (including motorized rickshaws / cabin body
scooters) used for carrying passengers for hire or reward are rateable under
Class C. 1 /Class C. 2 / Class C.3 (as applicable) of the Commercial Vehicles
Tariff.
LIMITATIONS AS TO USE
The Policy covers use of the vehicle for any purpose other than
a) Hire or Reward
b) Carriage of goods (other than samples or personal luggage)
c) Organized racing
d) Pace making
e) Speed testing
f) Reliability Trials
g) Use in connection with Motor Trade
Note: In case of vehicles used for Driving Tuition add the words “other than for the
purpose of driving tuition” after the words ‘hire or reward’.
DRIVER
Any person including the insured
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license.
Provided also that the person holding an effective Learner’s license may also drive
the vehicle and that such a person satisfies the requirements of Rule 3 of the Central
Motor Vehicles Rules, 1989.
NB. 1. The limit under 5 (b) above is in respect of any one claim or series of claims
arising out of one event / occurrence.
NB. 2. If at the insured’s option, the expiring TPPD cover stands limited to the statutory
xxxii
limit of Rs. 6,000/-, an additional premium of Rs. 100/- is to be charged for changing the
TPPD cover to Rs. 7.5 lakhs on renewal.
6. SCHEDULE OF PREMIUM
i) Zones - For the purpose of rating under this tariff the whole of India has been divided
into the following zones depending upon the location of the office of registration of the
vehicle concerned:
ZONE B ZONE A
Not exceeding
5 years 3.039 % 3.191 % 3.343 % 3.127 % 3.283 % on IDV 3.440 % on IDV
on IDV on IDV on IDV on IDV
Exceeding 10 years 3.267 % 3.430 % 3.594 % 3.362 % 3.529 % on IDV 3.698 % on IDV
on IDV on IDV on IDV on IDV
xxxiii
DISCOUNTS
a. Voluntary deductibles.
Insured may opt for higher deductible over and above the compulsory deductible (GR.40)
in which case discount will be allowed as per the following:-
VOLUNTARY DISCOUNT
DEDUCTIBLE
Rs. 2500 20% on the OD premium of the vehicle, subject to a maximum of
Rs. 750/-
Rs. 5000 25% on the OD premium of the vehicle, subject to a maximum of
Rs. 1500/-
Rs. 7500 30% on the OD premium of the vehicle, subject to a maximum of
Rs. 2000/-
Rs. 15000 35% on the OD premium of the vehicle, subject to a maximum of
Rs. 2500/-
NB. Additional premium for use of CNG / LPG fuel as in GR. 42 shall
apply.
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C. RESTRICTED COVER FOR FIRE AND / OR THEFT RISKS
(Only while the vehicle is in garage and not in use) - Refer to GR.45.A
D. RESTRICTED COVER FOR LIABILITY ONLY WITH FIRE AND / OR
THEFT RISKS - Refer to GR. 45.B
7. EXTRA BENEFITS
Premium for each of the following extra benefit opted for by the insureds is to be shown
separately in the premium computation table:
(i) Legal liability to paid drivers /and/or cleaner employed in connection with the
operation and/or maintenance of motor vehicle under the Workmen’s
Compensation Act, Fatal Accidents Act and at Common Law
(ii) Legal Liability to employees of the insured traveling in and / or driving the
employer's vehicle.
Liability to employees of the insured traveling in or driving the employer's vehicle, either
excluding or including the paid driver may be covered on payment of Additional
Premium @ Rs. 25/- per employee, the premium being chargeable on the total number of
such employees carried (including the paid driver, if applicable) but not exceeding the
maximum licensed seating capacity of the vehicle. The Additional Premium of Rs.25/-
per employee is net irrespective of any period of insurance not exceeding 12 months.
Endorsement IMT-28 (for paid driver and/or cleaner) or IMT-29 (employees other
than paid driver and/or cleaner) as applicable is to be used.
(ii) Trailers :
Trailers to be used with any vehicle rateable under this tariff can not be insured separately
and the scope of cover on the trailer(s) is to correspond to the cover for the towing
vehicle. Each such trailer is required to be specifically identified by its Registration
Number and separate IDV is to be declared for each such trailer. Issuance of floater
policy covering such trailers is strictly prohibited.
Premium Schedule for Trailers
Type of Policy OD Premium TP Premium
Package policy Rs. 50/- + 0.5% on IDV Rs. 125/-
Liability Only policy Not applicable Rs. 125/-
Fire or Theft Policy Rs. 20/- + 0.20% on IDV Not applicable
Fire and Theft Policy Rs. 30/- + 0.30% on IDV Not applicable
Liability Only Policy with Fire or Theft Rs. 20/- + 0.20% on IDV Rs.
cover 125/-
Liability Only Policy with Fire and Rs. 40/- + 0.40% on IDV Rs. 125/-
Theft cover
xxxv
Endorsement IMT - 30 is to be used.
(iii) Rallies held in India
Policies may be extended to include use of the insured vehicle in a particular rally
organized by any recognised motoring organization on payment of the following
additional premium :-
N.B. 2. The extension does not cover either the driver and / or the passengers carried in
the vehicle or the promoters of the event.
N.B. 3. This extension does not apply to speed tests, dexterity trials, hill climbs or motor
racing (whether organized separately or included in the course of a rally).
Rally extensions may be further extended to include motor racing, speed tests,
dexterity trials, hill climbs or motor racing (whether organized separately or
included in the course of a rally) by charging a loading of 300% of both Own Damage
and Liability Only premiums at Short Period rates for the duration of the rally, but with
the exclusion of any cover in respect of either the owner-driver, driver and / or
passengers carried in the vehicle or the promoters of the event.
(iv) Reliability Trials Conducted in India by Manufacturers of Vehicles in India
If such trials are to be insured, reference is to be made to TAC with the appropriate
details.
(v) Accidents to Soldiers/ Sailors/Airmen employed as Drivers by Defence officials
in their private capacity:-
Legal liability of defense officials under Army/Navy/Airforce regulations for bodily
injury/death caused to soldiers/sailors/airmen employed as drivers by them in their
private capacity whilst driving the vehicle insured (including mounting into, dismounting
from or traveling in the vehicle) may be covered at an additional premium of Rs 100/-
provided the drivers hold effective driving license.
xxxvi
Endorsement IMT - 32 is to be used.
xxxvii
SECTION – 3
1. SCOPE :
This Tariff is applicable to motorized two wheelers (with or without side car) used for
social, domestic and pleasure purposes and for professional purposes (excluding the
carriage of goods other than samples) of the insured or used by the insured's
employees for such purposes but excluding use for hire or reward, racing, pace
making, reliability trial, speed testing and use for any purpose in connection with
the Motor Trade.
NOTES
i) Motorized two wheelers (with or without side cars) used for carrying passengers for
hire or reward are rateable under Class C.4 of the Tariff for Commercial Vehicles
ii) Motorized two wheelers (with or without side cars) used for Motor Trade purposes
(Road Risks only) are rateable under Class F of the Tariff for Commercial Vehicles.
iii) Vehicles used for driving tuitions. – Refer to GR 44.
2. PREMIUM RATING :
Rating Factors : The premium rating is based on the following factors:
a) Insured’s Declared Value (IDV) of the vehicle (For determining IDV-Refer
to GR.8)
b) Cubic Capacity
c) Geographical Zones
d) Age of the vehicle
3. POLICY SCHEDULE WORDING REGARDING LIMITATIONS AS
TO USE AND DRIVER CLAUSE
A. Limitations as to use:
Use only for social, domestic and pleasure purposes and for the insured’s business or
profession. The Policy does not cover use for hire or reward, tuition, racing, pace making,
reliability trial, speed testing, carriage of goods(other than samples or personal luggage)
in connection with any trade or business or use for any purpose in connection with Motor
Trade.
N.B. 1 In case of vehicles used for Driving Tuition add the words “other than for the
purpose of driving Tuition” after the words ‘hire or reward’.
xxxviii
N.B. 2 Where use of the two wheeler is to be restricted to use only with a side-car
attached, the words “or use unless a side-car is attached to the Motorized two wheelers”
may be added after the words “Motor Trade” above.
B. Driver
NB. 1. The limit under 6 (b) above is in respect of any one claim or series of claims
arising out of one event / occurrence.
NB. 2. If at the insured’s option, the expiring TPPD cover stands limited to the statutory
limit of Rs. 6,000/-, an additional premium of Rs. 50/- is to be charged for changing the
TPPD cover to Rs. 1 lakh on renewal.
xxxix
7. SCHEDULE OF PREMIUM
(i) Zones - For the purpose of rating under this tariff the whole of India has been divided
into the following zones depending upon the location of the office of registration of the
vehicle concerned:
(iii) If a two wheeler is used with a side car attached, 25% discount may be allowed on
the Own Damage premium arrived at after addition of premium if any, for
electric/electronic items and for use of CNG/LPG fuel.
(iv) A three wheeler designed for operation by physically handicapped persons should be
rated as a two wheeler with side car.
ZONE B ZONE A
CUBIC CAPACITY CUBIC CAPACITY
Not exceeding
5 years 1.676 % 1.760 % 1.844 % 1.708 % 1.793 % 1.879 % on
on IDV on IDV on IDV on IDV on IDV IDV
xl
NB. 1. Compulsory Deductible as in GR 40 shall apply.
NB. 3. Additional premium for use of CNG / LPG fuel as in GR 42 shall apply.
DISCOUNTS
a) Voluntary Deductibles
Insured may opt for higher deductible over and above the compulsory deductible (GR-
40) in which case suitable discount will be allowed as per the following table:-
Voluntary Discount
Deductible
Rs. 500 5% on the OD premium of the two wheeler, subject to a maximum of
Rs. 50/-.
Rs. 750 10% on the OD premium of the two wheeler, subject to a maximum of
Rs.75/-
Rs. 1000 15% on the OD premium of the two wheeler, subject to a maximum of
Rs.125/-
Rs. 1500 20% on the OD premium of the two wheeler, subject to a maximum of
Rs.200/-
Rs. 3000 25% on the OD premium of the two wheeler, subject to a maximum of
Rs.250/-
xli
No other discount is permissible.
NB. Additional premium for use of CNG / LPG fuel as in GR 42 shall apply.
D. Restricted cover for Liability Only and Fire and/or Theft Risks-Refer to GR 45 B
8. EXTRA BENEFITS
NOTES
a) Premium for each of the following extra benefits opted for by the insured is to be
shown separately in the Premium Computation Table.
b) Except extra benefit No.(ii), all other benefits are to be insured not separately but only
in conjunction with a Package Policy. Extra benefit No.(ii) may be insured in
conjunction with both Liability Only Policy and Package Policy.
i. Loss of Accessories :
Loss of accessories, the property of the Insured , by Theft may be covered at an
additional premium @ 3% of the value of the accessories specifically declared by the
proposer / insured in the proposal form and or in a letter forming part of the proposal
from, subject to a minimum premium of Rs.50/- for this extra benefit only.
Endorsement IMT – 33 is to be used.
ii. Legal Liability to persons employed (Paid Drivers/Cleaners) in connection with
the operations and/or maintenance of the two wheeler under the Workmen's
Compensation Act, 1923, Fatal Accidents Act, 1855 and at Common Law
Legal Liability to persons employed (paid drivers/cleaners) in connection with the
operations and/or maintenance of the two wheeler under the Workmen's Compensation
Act, 1923, Fatal Accidents Act, 1855 and at Common Law may be insured at an
additional premium of Rs. 25/- per employee. The Additional Premium of Rs.25/- per
employee is net irrespective of any period of insurance not exceeding 12 months.
Endorsement IMT -28 is to be used .
iii. Liability to the employees of the insured (other than Paid drivers/Cleaners) who
may be driving/riding the employer's two wheeler .
xlii
Liability to the employees of the insured (other than paid drivers/cleaners), who may be
driving/riding the employer's two wheeler may be insured at an additional premium of
Rs.60/-.
Endorsement IMT- 29 is to be used.
iv. Rallies held in India
Policies may be extended to include use of the insured two wheeler in a particular
rally organized by any recognised motoring organization on payment of the following
additional premium :-
N.B. 1. The compulsory deductible for the Own Damage cover under Package Policy
referred to under GR 40 will become Rs. 2500/- for each and every claim for the entire
duration of this extension only.
N.B. 2. The extension does not cover either the driver and / or the passengers carried in
the two wheeler or the promoters of the event.
N.B. 3. This extension does not apply to speed tests, dexterity trials, hill climbs or motor
racing (whether organized separately or included in the course of a rally).
Rally extensions may be further extended to include motor racing, speed tests,
dexterity trials, hill climbs or motor racing (whether organized separately or
included in the course of a rally) by charging a loading of 300% of both Own Damage
and Liability Only premiums at Short Period rates for the duration of the rally, but with
the exclusion of any cover in respect of either the owner-driver, driver and / or passengers
carried in the vehicle or the promoters of the event.
xliii
SECTION 4
TARIFF FOR COMMERCIAL VEHICLES
REGULATIONS
1. SCOPE
The Commercial Vehicles Tariff (CVT) is applicable to all vehicles not provided for
under any other section of this Tariff, excluding vehicles running on rails.
The CVT is classified as follows:
A. Tariff for Goods Carrying Vehicles
A.1 Public Carriers }
} other than three wheelers
A.2 Private Carriers }
A.3 Goods Carrying Motorized Three Wheelers and Motorized Pedal Cycles.
(Public Carriers )
A.4 Goods Carrying Motorized Three Wheelers and Motorized Pedal Cycles.
(Private Carriers)
xliv
NOTES:
(i) Any vehicle used for hire (other than for private hire) is not to be insured
under the Motor Trade Tariff.
(ii) The term Goods Carrying Vehicles includes any type of motor vehicles used
for the transport of goods.
(iii) An Articulated Vehicle means a towing vehicle to which a trailer is attached
in such a manner that part of the trailer is superimposed on and part of the
weight of the trailer is borne by the towing vehicle, the towing vehicle and
the trailer being registered as one unit.
Articulated vehicles are to be rated under the appropriate class of the tariff
based on the actual use of the vehicles.
For the purpose of computing premium, a tractor and one superimposed
trailer shall be treated as one vehicle. Additional trailers are to be treated as
trailers. Where trailers used with a tractor are of differing carrying capacities,
the trailer with the highest carrying capacity is to be taken into account in
computing the vehicle premium.
(v) Cover Note, Certificate of Insurance and Policy are to be issued only in
the Standard forms given in Section 6 of the India Motor Tariff. (Refer
to GR.22, GR.23 and GR.3)
2. RATING FACTORS:
Rating of vehicles under the CVT (except four wheeled vehicles with carrying capacity
not exceeding 6 passengers, Two wheelers, Trailers and Motor Trade vehicles) is based
on the following factors:
b) Zones - For the purpose of rating under this tariff the whole of India has been
divided into the following zones depending upon the location of the office of
registration of the vehicle concerned:
xlv
(ii) All Other Commercial Vehicles
c) Age of Vehicle
3. MINIMUM VALUES
xlvi
TYPE OF VEHICLES MINIMUM
VALUE
Three Wheelers Not exceeding 150cc Rs. 1,500/-
with carrying Exceeding 150cc.but not
capacity not exceeding 6 exceeding 250 cc. Rs.2,500/-
passengers with corresponding Exceeding 250 cc. Rs. 4,000/-
Cubic Capacity of Engine:
Three wheelers with carrying capacity exceeding 6 passengers
but not exceeding 17 passengers Rs.25,000/-
Four wheeled passenger carrying vehicles with carrying capacity
exceeding 6 passengers but not exceeding 17 passengers Rs.20,000/-
The appropriate rate under the CVT is to be charged with a loading of 25%. Policy Form
for Commercial Vehicles with Endorsement IMT- 34 is to be used.
6. SPECIAL EXCLUSIONS
In the case of policies requiring the use of Endorsement IMT- 21 or 22 and /or 35 no
reduction in premium can be allowed in consideration of any of the exclusions or
limitations referred to in the endorsements.
NOTE : Endorsements IMT - 21 and 35 are not applicable in the case of Liability
Only Policies.
xlvii
7. PUBLIC PASSENGER SERVICE VEHICLES- CARRIAGE OF GOODS IN
ADDITION TO PASSENGERS:
Public Passenger Service Vehicles in which space is provided for the carriage of goods in
place of some of the seats, the basic rate shall be that given under Class C for a normal
bus of similar size without such goods carrying space.
Provided, however, that the goods carrying space so created does not reduce the
normal licensed seating capacity by more than 20%. If the limit of 20% is exceeded,
the case is to be referred to the TAC for special rating. Only those vehicles which
are used on regular bus routes and never used solely for the carriage of goods may
be rated in accordance with the above provision.
NOTE :
The following warranty is to appear on all policies covering the above type of vehicles:
"Warranted that goods may not be carried in the vehicle other than in conformity with the
provisions of the Motor Vehicles Act and the Rules made there under as may be in force
in the area in which the vehicle is plying."
Any Policy issued in respect of a vehicle which is used for the carriage of passengers for
hire or reward and in respect of which legal liability to passengers is required to be
covered in terms of the Motor Vehicles Act, is subject to additional premium for
Liability to Passengers in accordance with the provisions of the Tariff, unless the Tariff
rate for the vehicle has already incorporated such T.P. Premium component.
b. For Commercial Vehicles designed for carriage of passengers Rs. 100/- per
passenger
N.B.1. If the employees of the insured (outside the purview of the W.C. Act) are to be
covered as non fare paying passengers, Endorsement IMT-37 is to be used.
N.B. 2. If the cover is to exclude the insured’s employees (outside the purview of the
W.C. Act), Endorsement IMT-38 is to be used.
xlviii
N.B.3. This extension of cover is not permitted to be given in respect of Motor
Trade Policies ratable under sub- sections E, F and G of the Tariff for
Commercial Vehicles.
N.B.: For Package and Liability Only Policies in respect of Trade Certificates for
transit of new vehicles and chassis, the Geographical Area under 11 (b) (ii) above "All
other Sections" is to be limited to a radius of 80 kms. from the insured's address
mentioned on the policy and Endorsement IMT- 41 is to be used. The limit of 80 Kms.
xlix
may be extended upto 120 kms. on payment of 15% additional premium. Transits
beyond a radius of 120 kms, are to be rated as per the Road Transit Risks Schedule.
In other cases extension of the territorial limit referred to in Item 11(b) (ii) may be
permitted on payment of additional premium as follows:
NB. 1. The limit under 12 .A (b) above is in respect of any one claim or series of claims
arising out of one event / occurrence.
NB. 2. If at the insured’s option, the expiring TPPD cover stands limited to the statutory
limit of Rs. 6,000/-, an additional premium of Rs.50/-, 150/- and Rs.200/- for motorized
two wheelers, three wheelers / taxis and other commercial vehicles respectively is to be
charged for changing the TPPD cover to Rs. 1 lakh or Rs. 7.5 lakhs, as applicable, on
renewal.
l
NOTE:
In the event of cover being granted to cover legal liability under the Workmen's
Compensation Act the words "and also the liability under the Workmen's Compensation
Act, 1923 in respect of the carriage of more than 6 persons employed in connection with
the loading and unloading of the vehicle" shall be inserted after the words "Motor
Vehicles Act" under Regulation 12.A.(a).
(1) Use for organised racing, pace-making, reliability trial or speed testing.
(2) Use whilst drawing a trailer except the towing (other than for reward) of any
one disabled mechanically propelled vehicle.
(3) Use for carrying passengers in the vehicles; except employees (other than the
driver) not exceeding the number permitted in the registration document and
coming under the purview of Workmen's Compensation Act 1923.
NOTE :
Use of Trailers
"Use whilst towing any trailer/s, except the trailer/s insured with the Company, or the
towing (other than for reward) of any one disabled mechanically propelled vehicles."
B) Trailers - Class B
The Policy covers any use permitted by the Certificate of Insurance of the towing vehicle
provided the latter is insured
Use only for carriage of passengers in accordance with the permits (Contract Carriage or
Stage Carriage) issued within the meaning of the Motor Vehicles Act.
li
The Policy does not cover
2) Use whilst drawing a trailer, except the towing (other than for reward) of any one
disabled mechanically propelled vehicle.
i) Taxis or Private Car Type vehicles plying for public hire - Class C 1
ii) Private Car type vehicles let out on private hire by the owner with or without
meters and driven by the owner or employee of the owner - Class C 1
2) Use whilst drawing a trailer except the towing (other than for reward) of any
one disabled mechanically propelled vehicle.
iii) Private Car type vehicles let out on private hire and driven by hirer or any
driver with hirers permission - Class C 1
2) Use whilst drawing a trailer except the towing (other than for reward) of any
one disabled mechanically propelled vehicle.
3) Use for the conveyance of passengers for hire or reward by any person to
whom the Motor Vehicle is hired.
iv) Private car type vehicles owned by hotels and hired by them to their guests –
Class - C 1
3) Use for the conveyance of passengers for hire or reward, other than the guests of
the hotel.
2) Use whilst drawing a trailer except the towing (other than for reward) of any one
disabled mechanically propelled vehicle.
vi) Miscellaneous and Special Type of Vehicles - Class "D"
See separate instructions under Class "D".
viii) Certificate of Insurance and Policy Schedule Wording regarding "Driver" for
use in Package Policy and Liability Only policy Forms
liv
A. TARIFF FOR GOODS CARRYING VEHICLES
NOTE: The OD rates shown above shall apply for vehicles with Gross Vehicle Weight
(GVW) not exceeding 12,000 Kgs. For vehicles with GVW exceeding 12,000 Kgs.,
additional Rs. 27/- will be charged for each 100 Kgs or part thereof of GVW in excess of
12,000 Kgs.
Restricted cover for Liability Only and Fire and / or Theft Risks Refer to GR – 45B
lv
GOODS CARRYING VEHICLES CLASS A.2 - PRIVATE CARRIERS
(OTHER THAN THREE WHEELERS)
( For carriage of goods other than for hire and/ or reward)
Note: The OD rates shown above shall apply for vehicles with Gross Vehicle Weight
(GVW) not exceeding 12,000 kgs. For vehicles with GVW exceeding 12,000 kgs.,
additional Rs. 27/- will be charged for each 100 kgs or part thereof of GVW in excess of
12,000 kgs.
Endorsement IMT – 42 is to be used for Private Carriers carrying own goods only.
Endorsement IMT - 42 is to be used for Private Carriers carrying own goods only.
lvi
Restricted cover for Fire and / or Theft Risks Refer to GR 45 A
( Only while the vehicle is in garage and not in use)
Restricted cover for Liability Only and Fire and/or Theft Risks Refer to GR 45B
GOODS CARRYING MOTORIZED THREE WHEELERS AND MOTORIZED
PEDALCYCLES - CLASS A.3 - PUBLIC CARRIERS
Restricted cover for Fire and / or Theft Risks - Refer to GR 45A (Only while the
three wheeler is in garage and not in use)
Restricted cover for Liability Only and Fire and/or Theft Risks: Refer to GR 45B
Endorsement IMT – 42 is to be used for Private Carriers carrying own goods only.
lvii
Premium for Liability only Policy – Rs. 850/-
Endorsement IMT - 42 is to be used for Private Carriers carrying own goods only.
Restricted cover for Liability Only and Fire and/or Theft Risks Refer to GR 45B
lviii
B. TARIFF FOR TRAILERS
Any truck, cart, carriage or other vehicle, including agricultural implements, without
means of self-propulsion, drawn or hauled by any self-propelled vehicle is referred to as
trailer for the purpose of this tariff.
Policies covering towing vehicles may be extended to include trailers or a separate policy
may be issued to cover trailers. For either extending the policy covering the towing
vehicle to include trailer(s) or for a separate policy for trailers, the premium is to be
charged at the following schedule of rates:
N.B. The premium is to be calculated at the rate applicable to the higher of the two
following classes of vehicles that is to tow the trailer(s) at any time.
Note :
1. Where more than one trailer is owned but not more than one trailer is towed at a
time, the basis of rating is the basis of "1 trailer towed" and this must be applied to
all trailers. The premium so calculated must be charged on all trailers owned by
and/or in possession of the insured. The same principle is to be applied in cases
where not more than two, not more than three, …. (as the case may be), trailers are
towed at a time.
2. Rates prescribed for Trailers under Tariff for Miscellaneous and Special Types
of Vehicles- Class "D" are in respect of Trailers attached to special types of
lix
vehicles. Such trailers are not to be rated under this Tariff.
"It is hereby declared and agreed that for the purpose of No Claim Bonus (NCB) the
towing vehicles and the trailer(s) whilst attached thereto shall be treated as a single
unit and any claim made or arising in respect of one section of the unit will affect the
Bonus entitlement of both sections of the unit.”
5. The following warranties are to appear on all policies covering either the towing
vehicle along with Trailer(s) or Trailers(s) separately.
(a) “ It is hereby understood and agreed that for the purpose of application of
Endorsement IMT-21 attached to and forming part of the above policy, the towing
vehicle and trailer(s) while attached thereto shall be treated as a single unit.”
(b) "Warranted that not more than ..... trailer(s) shall be towed at any one time by the
towing vehicle/s. It is further warranted that the insurer shall not be liable to
indemnify the insured in connection with any vehicle or trailer if a greater number of
trailers in all than is permitted by law are towed."
lx
C. TARIFF FOR VEHICLES USED FOR CARRYING
PASSENGERS FOR HIRE OR REWARD
i. Tariff for taxis or Private Car Type Vehicles plying for public hire.
ii. Tariff for Private Taxis let out on private hire direct from the owner with
or without meters and driven by the owner or an employee of the owner.
iii. Tariff for Private Car Type Vehicles let out on private hire and driven by
the hirer or any driver with hirer’s permission.
iv. Tariff for Private Car Type Vehicles owned by hotels and hired by them
to their guests.
NOTE 1. All these vehicles are required to be registered by the RTA concerned
specifically for use on such hire or reward.
NOTE 2. Policies covering vehicles on hire and driven by the hirer or any driver with
hirer’s permission may be extended to cover theft and/ or conversion risks at an
additional premium @ 1.5% on IDV. For such extension Endorsement IMT – 43 is to
be used.
lxi
(a) RATING SCHEDULE FOR FOUR WHEELED VEHICLES :
ZONE B ZONE A
Not
exceeding 3.191 % 3.351 % 3.510 % 3.284 % 3.448 % 3.612 %
5 years on IDV on IDV on IDV on IDV on IDV on IDV
Exceeding 5
years but not 3.271 % 3.435 % 3.598 % 3.366 % 3.534 % 3.703 %
exceeding 7 on IDV on IDV on IDV on IDV on IDV on IDV
years
Restricted cover for Liability Only with Fire and/ or Theft Risks - Refer to GR 45B
lxii
(b) RATING SCHEDULE FOR THREE WHEELED VEHICLES :
NOTE: Policies covering vehicles on hire and driven by the hirer or any driver with
hirer’s permission may be extended to cover theft and/ or conversion risks with
additional premium @ 1.5% on IDV.
Restricted cover for Liability Only with Fire and/ or Theft Risks – Refer to
GR 45B.
lxiii
FOUR ( OR MORE) WHEELED VEHICLES WITH CARRYING
CAPACITY EXCEEDING 6 PASSENGERS FOR HIRE OR REWARD AND
THREE WHEELERS WITH CARRYING CAPACITY EXCEEDING 17
PASSENGERS FOR HIRE OR REWARD - CLASS C.2
RATING SCHEDULE
Restricted cover for Liability Only with Fire and/ or Theft Risks - Refer to GR. 45B.
lxiv
MOTORIZED THREE WHEELED PASSENGER CARRYING VEHICLES
FOR HIRE OR REWARD WITH CARRYING CAPACITY EXCEEDING 6
BUT NOT EXCEEDING 17 PASSENGERS – CLASS C.3.
RATING SCHEDULE
Premium for Liability Only cover Rs. 920/-+ Rs.185 x Total No. of
passengers the vehicle is licensed to
carry.
Restricted cover for Fire and/ or Theft Risks - Refer to GR. 45A
(Only while the three wheeler is in the garage and not in use)
Restricted cover for Liability Only with Fire and/ or Theft Risks – Refer to GR. 45B
lxv
MOTORIZED TWO WHEELERS USED FOR CARRYING
PASSENGERS FOR HIRE OR REWARD - CLASS C. 4
RATING SCHEDULE
All these two wheelers are required to be registered by the RTA concerned specifically
for use on such hire and/ reward.
ZONE B ZONE A
Not
exceeding 1.743 % 1.830 % 1.917 % 1.794 % 1.884 % 1.973 %
5 years on IDV on IDV on IDV on IDV on IDV on IDV
Exceeding 5
years but not 1.787 % 1.876 % 1.965 % 1.839 % 1.931 % 2.023 %
exceeding 10 on IDV on IDV on IDV on IDV on IDV on IDV
years
N.B. 1. If the two wheeler is on hire for carrying passenger and is driven by the hirer
and / or drivers with the hirer’s permission, Endorsement IMT – 35 is to be used and the
caption of the endorsement is to be amended to read as under:
"Hired Vehicles – driven by Hirer (applicable to Motorised two wheelers)
N.B. 2. The risk of theft / conversion by the hirer of the two wheeler may be covered at
an additional premium @ 1.50% of IDV and Endorsement IMT - 43 is to be used for this
purpose.
lxvi
Premium for Liability Only Cover
Restricted cover for Liability Only with Fire and/ or Theft Risks- Refer to GR.45 B.
N.B. 1. If the two wheeler is hired out for carrying passenger and is driven by
the hirer and / or drivers with the hirer’s permission, Endorsement IMT – 35 is to
be used for this purpose and the caption of the endorsement is to be amended to
read as under:
N. B. 2. The risk of theft / conversion by the hirer of the two- wheeler may be
covered at an additional premium @ 1.50% of IDV and Endorsement IMT- 43 is
to be used for this purpose.
EXTRA BENEFITS
(Not applicable to Class D – Miscellaneous & Special Types of vehicle and Motor
Trade Risks except where otherwise specified)
(a) Legal Liability under the Workmen’s Compensation Act (or any other
identical legislation), Fatal Accidents Act and at Common Law may be
granted by charging an additional premium of Rs.25 per employee.
lxvii
Endorsement IMT - 39 is to be used
Where special permission has been obtained from the RTA concerned for the carriage of
more than six employees, the Insured’s legal liability under the Workmen’s
Compensation Act in respect of them (i.e. for employees in excess of 6 whilst being
carried in a goods vehicle) may be included in the Policy by charging an additional
premium of Rs.25 per employee.
2.Indemnity to Hirers
(a) Package Policy – Loss Damage or Liability arising from negligence of the Insured
or of his employee without any additional premium.
lxviii
NOTES:
2. Except Extra Benefit No.1, other benefits are to be insured only in conjunction
with Package Policy.
Extra Benefit No.1 may be issued in conjunction with both Liability only
and Package Policies.
lxix
D. TARIFF FOR MISCELLANEOUS & SPECIAL TYPES OF VEHICLES
(CLASS D)
1. General Regulations as also other Rules & Regulations contained in the Tariff for
Commercial Vehicles (CVT) are applicable to this Section except expressly provided
otherwise. For cover under this section, Commercial Vehicles Policy form as given in
Section 6 of the INDIA MOTOR TARIFF is to be used.
i). In all cases other than Agricultural and Forestry vehicles, Mobile shops and Canteens,
Cinema Film Recording and Publicity Vans, Delivery Trucks, Pedestrian controlled
Trolleys and Goods Carrying Tractors and Vehicles used for Driving Tuition and Fire
Brigade and Salvage Corps. Vehicles, the Standard Policy allows use of the Vehicles for
hire or reward.
If however, the hiring risks, including driving by hirer's driver and indemnity to hirer, is
required to be included in respect of any of the classifications specified above, a loading
of 25% on the premium otherwise applicable is to be charged.
ii). The normal Policy also excludes use for the conveyance of passengers for hire or
reward. Any vehicle, except Ambulances / Hearses, used for the carriage of passengers
for hire or reward is to be rated under Section C of Commercial Vehicle tariff, depending
upon the maximum number of passengers licensed to be carried. The liability for
accidents to passengers carried for hire or reward in the Ambulances / Hearses are to be
covered by charging an additional premium per passenger as indicated below. This
premium is in addition to the premium applicable for 'Liability Only' cover shown under
this tariff.
The normal policy whilst permitting the use of the vehicle for the carriage of passengers
(other than for hire or reward) does not provide indemnity in respect of death or bodily
injury to passengers other than employees coming under the provisions of the Motor
Vehicles Act. If indemnity is to be provided to such passenger, application is to be made
to the TAC for rating.
lxx
4. Trailers
Trailers of special type of vehicles included under this section are not to be insured
separately. The cover for the vehicle and trailer must be identical.
5. "Use confined to own premises" shall mean use only on the insured's premises to
which the public have no general right of access.
6. Non-Motor Policies
Whilst legal liability in respect of use on a road cannot be insured otherwise than
under a Policy issued under this tariff, it is permissible in the case of the following
types of vehicles, to give any other cover by means of a Non- Motor Policy.
(a) Mobile Cranes
(b) Mechanical Navies, Shovels, Grabs, Rippers and Excavators
(c) Fork lift trucks,
(d) Bull Dozers, Bull Graders,
(e) Dragline Excavators,
(f) Drilling Rigs
(g) Dumpers and Tippers
(h) Mobile Plant
(i) Site Clearing and Leveling Plant (other than vehicles designed or adapted for the
carriage of goods or materials, or Road or Footpath Rollers).
(j) Any vehicle which is used only on sites on which the Insured is carrying out work
under a Building or Civil Engineering Contract.
NB. 1. The limit under (b) above is in respect of any one claim or series of claims arising
out of one event / occurrence.
NB. 2. If at the insured’s option, the expiring TPPD cover stands limited to the statutory
limit of Rs. 6,000/-, an additional premium of Rs.200/- is to be charged for changing the
TPPD cover to Rs. 7.5 lakhs, on renewal.
lxxi
7 A. POLICY SCHEDULE WORDING REGARDING "LIMITATIONS AS TO
USE" AND DRIVER CLAUSE
a. LIMITATIONS AS TO USE
(1) Use for hire or reward or for racing pace making reliability trial or speed testing.
(2) Use for the carriage of passengers for hire or reward.
(3) Use whilst drawing a greater number of trailers in all than is permitted by law.
(1) Use for hire or reward or for racing, pace making, reliability trial or speed testing. .
(2) Use whilst drawing a trailer except the towing (other than for reward) of any one of
disabled mechanically propelled vehicle.
iii. Cinema Film Recording and Publicity Vans, Delivery Trucks, Pedestrian
Controlled Trolleys and Goods Carrying Tractors, Vehicle used for Driving Tuition
IZ - 303
(3)Use whilst drawing a trailer except the towing (other than for reward) of any one
disabled mechanically propelled vehicle.
Note: In case of vehicles used for Driving Tuition, add the words ‘other than for the
purpose of driving tuitions’ after the words ‘hire or reward’.
lxxii
iv. Cranes - Breakdown Vehicles, Mobile Cranes and Goods Carrying vehicles
having a crane as a part of or fixed to the Vehicle or Trailer. IZ-303
(3) Use whilst drawing a greater number of trailers in all than is permitted by law.
v. Dumpers, Dust carts, Water carts, Road Sweepers and Tower Wagons
Mechanical Navies, Shovels, Grabs, Excavators, Mobile Plant, Road Rollers, Site
Clearing and Leveling Plant, and Tar Sprayers IZ-303
NOTE : Where premium is paid for use of trailers, amend (2) or (3) as applicable to read
"Use whilst drawing a greater number of Trailers in all than is permitted by law".
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license.
Provided also that the person holding an effective Learner’s license may also drive the
vehicle * * and that such a person satisfies the requirements of Rule 3 of the Central
Motor Vehicles Rules, 1989".
** When the vehicle is used for transport of goods add the following words :
- when not used for the transport of goods at the time of the accident
** When the vehicle is used for transport of passengers add the following words:
- when not used for the transport of passengers at the time of the accident
NB.1: List of Miscellaneous and Special types of vehicles is given in Annexure. For any
Miscellaneous / special type of vehicle not listed in Annexure, reference is to be made to
the TAC.
iv. For Cinema Film recording and Publicity vans and or trailers fitted as Cinema
film recording and Publicity vans, Endorsement IMT – 50 is to be used.
v. For vehicles used as mobile shops and canteen, surgeries and dispensaries,
Endorsement IMT – 51 is to be used.
vi. For Vehicles used as mobile plant /refrigeration / pre-cooling unit, Endorsement
IMT- 52 is to be used.
vii. For attachments forming one unit with the machine (mechanical navies, shovels,
draglines, scoops, grabs, excavators, conveyors etc.) which are not trailers but are
deemed to be part of the machine, value of more than one attachment is included
in the unit, Endorsement IMT - 53 is to be used.
viii. For inclusion of liability to the Public Working Risk in mobile plant:
a) where tool of trade is used only for work performed in or upon the vehicle or
trailer Endorsement IMT- 54 is to be used.
ix) For Tractors and Traction Engines Hauling Trailers and used as Haulage
Contractors’ Goods – Endorsement IMT – 30 is to be used
lxxv
9. PREMIUM FOR ‘LIABILITY ONLY’ COVER
lxxvi
ANNEXURE
1. AGRICULTURAL TRACTORS
2. AMBULANCES
3. ANGLE DOZERS
5. BREAKDOWN VEHICLES
6. BULLDOZERS, BULLGRADERS
9. COMPRESSORS
10. CRANES
12. DISPENSARIES
15. DUMPERS
19. EXCAVATORS
lxxvii
21. FOOTPATH ROLLERS
23. GRABS
25. HEARSES
29. LEVELLERS
41. RIPPERS
46. SCRAPERS
49. SHOVELS
52. TANKERS
54. TIPPERS
lxxix
E - TARIFF FOR MOTOR TRADE - ROAD TRANSIT RISKS
ONLY (CLASS E)
1. Policies may be issued in respect of any type of motor trade vehicle traveling under
its own power at the following rates of premium. It is permissible to issue either separate
Policies or Declaration Policies in respect of such risks.
lxxx
1. B. ‘Liability Only’ premium
i) Distance not exceeding 2400Kms: Rs. 375/-
ii) Distance exceeding 2400 Kms : Rs.435/-
2. Trailer
Policies issued as above may be extended to cover trailers at the following rates of
premium subject to such trailers and towing vehicles being insured on identical terms.
The policy covering either the towing vehicle or the trailers should have the
following warranty:
“Warranted that the trailer/s to be towed by the vehicle/s specified in the Schedule of
the Policy and the vehicle/s towing any of the trailer/s specified in the Schedule of the
Policy shall be insured with the Company and that the trailer/s and such towing
vehicle/s be insured on identical terms.
Warranted also that not more than ... trailers shall be towed at any one time by the
towing vehicle/s and further warranted that the company shall not be liable to
indemnify the insured in connection with any vehicle or trailer while a greater number
of trailers in all is being towed than is permitted by law”.
lxxxi
4. Liability Only with Fire and/or Theft.
Policy may be issued to cover ‘Liability Only’ with fire and/or theft risks at the following
rates of premium subject to a minimum premium of Rs. 100/-.
Liability Only policy with fire cover Liability Only premium + 25% of the applicable
O.D. Premium
Liability Only policy with theft only Liability Only premium + 30% of the applicable
cover
O.D. Premium
Liability Only policy with fire and Liability Only premium + 50 % of the applicable
theft cover O.D. premium
Endorsement IMT- 27 is to be used.
5. Rules
(a) In the case of Declaration policies, the above rates are subject to a minimum premium
of Rs.75/- for 'Package’ policies, Rs.60/- for Liability Only and Fire and/or Theft cover,
and R. 40/- for Liability Only covers.
(b) Commercial vehicles Policy form with the deletion of ‘No Claim Bonus clause’ and
section IV shall be used.
(c) The cover is to be limited to the risk during transit naming the points of departure and
arrival.
lxxxii
Where additional premium is paid for trailers amend (3) to read :- "Use whilst towing
any trailer/s except the trailers insured with the Company or the towing of any one
disabled mechanically propelled vehicle."
(b) Driver
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license.
Provided also that the person holding an effective Learner’s license may also drive the
vehicle and that such a person satisfies the requirements of Rule 3 of the Central Motor
Vehicles Rules,1989.
lxxxiii
F. TARIFF FOR MOTOR TRADE - ROAD RISK ONLY
(CLASS - F)
REGULATIONS
1. The following regulations are applicable to all vehicles insured under this section.
2. Policies may be issued to Motor Trade on a named Driver or Trade Certificate basis.
Any vehicle used for hire (other than private hire) is to be specifically insured under a
Commercial Vehicles Policy at the appropriate rate.
NB. 1. The limit under (b) above is in respect of any one claim or series of claims arising
out of one event / occurrence.
NB. 2. If at the insured’s option, the expiring TPPD cover stands limited to the statutory
limit of Rs. 6,000/-, an additional premium of Rs.50/- and Rs.200/- for motorized two
wheelers and other vehicles respectively is to be charged for changing the TPPD cover to
Rs. 1 lakh or Rs. 7.5 lakhs, as applicable, on renewal.
lxxxiv
b) Trade Certificate Basis
Any Motor Vehicle the property of the insured or in his custody or control whilst
bearing Trade Certificate(s) No.(s) _________ All steam-driven vehicles are
excluded.
NOTE :
"In respect of vehicles being used for purposes of * demonstration or tuition by any other
person provided he is driving with the insured's permission and is accompanied by a
driver as named above".
Provided also that the person holding an effective Learner’s license may also drive the
vehicle and that such a person satisfies the requirements of Rule 3 of the Central Motor
Vehicles Rules,1989
NOTE :
In the case of Policies permitting driving for purposes of demonstration by persons not in
the employ of the insured, add
"Any other person provided he is driving with the insured's permission and is
accompanied by the insured or by a person in the insured's employ."
The policy does not cover use for hire or reward or for organised racing and pace making
reliability trial or speed testing.
lxxxv
NOTE :
In the case of Policies issued on a Named Driver Basis and extended to permit use for
special domestic and pleasure purposes insert after the words " ....... Motor Trade
Purpose" the words "and by ......... for social domestic and pleasure purposes".
Driver :
Certificate of Insurance
The standard form of Certificate of Insurance is given at the end of this section.
4. Issuance of policy for Fire and/ or Theft cover(s) without ‘Liability Only’ cover is
not permitted.
RATES
(i) Motor Trade - Rates of premium for ‘Own Damage’ cover / ‘Liability Only’
cover (Excluding Motorized Two Wheelers)
For additional Drivers /Certificates Rs. 120/- per Driver/ Rs. 175/- per
exceeding 5 but not exceeding 10 Certificate Driver/ Certificate
For additional Drivers / Rs. 85/- per Driver/ Rs. 150/- per
Certificates exceeding 10 but not Certificate Driver/ Certificate
exceeding 15.
lxxxvi
If the limit in respect of loss or damage to the vehicles is to exceed Rs.25,000/-, Own
Damage premium is to be increased by an additional premium for each Named Driver or
Trade Certificate at the rate of 1% on such excess value.
N.B.1. Separate Policies are to be effected in respect of risks rated on a Named Driver or
Trade Certificate basis. It is, however, permissible to issue a combined Policy providing
cover for both Trade Certificates and Named Drivers in those cases where a firm deals in
both registered and unregistered vehicles and where the authorities have held that Trade
Certificates cannot be used for registered vehicles. In such cases, the Named Driver basis
of rating is to be applied subject to the condition that if the number of drivers on which
such policies are rated is less than the number of Trade Certificates held by the Motor
Dealer the premium shall be calculated on the maximum number of Certificates held.
Further "driver" in the Policy Schedule should be restricted to Named Driver i.e., when
an unregistered vehicle is to be driven under a Trade Certificate noted in the Schedule, a
Named Driver shall drive it.
N.B.2. Separate Policies are to be effected in respect of each town in which the insured
has a place of business. Not more than one Policy for named drivers and one Policy for
trade certificates can be issued in respect of each town.
N.B.3. It is not permissible to give for subsequent Certificates or "Named Drivers" a type
of Cover different from that issued in connection with the first Certificate or First Named
Driver.
N.B.4. All Trade Certificates in possession of or all Drivers employed by the Insured for
his trade are to be declared for insurance.
N.B.5. Endorsement IMT - 41 is to be used for all "Package" and "Liability Only"
Policies.
Liability Only cover with Fire and / or Theft Risks - Refer to GR.45B
(ii) Motor Trade - Rates of premium for ‘Own Damage’ cover / ‘Liability Only’
cover for Motorized Two Wheelers
If the limit in respect of loss or damage to vehicles is to exceed Rs. 7500/-, Own Damage
premium is to be increased by an additional premium at the rate of 1% on such excess
value for each Named Driver or Trade Certificate.
N.B.1. Separate Policies are to be effected in respect of risks rated on a Named Driver or
Trade Certificate basis. It is, however, permissible to issue a combined Policy, providing
lxxxvii
cover for both Trade Certificates and Named Drivers in those cases where a firm deals in
both registered and unregistered vehicles and where the authorities have held that Trade
Certificates cannot be used for registered vehicles. In such cases, the Named Driver basis
of rating is to be applied subject to the condition that if the number of drivers on which
such policies are rated is less than the number of Trade Certificates held by the Motor
Dealer the premium shall be calculated on the maximum number of Certificates held.
Further "driver" in the Policy Schedule should be restricted to Named Driver i.e., when
an unregistered vehicle is to be driven under a Trade Certificate noted in the Schedule, a
Named Driver shall drive it.
N.B.2. Separate Policies are to be effected in respect of each town in which the insured
has a place of business. Not more than one Policy for named drivers and one Policy for
trade certificates may be issued in respect of each town.
N.B.3. It is not permissible to give a cover different from that issued in connection with
the first Certificate or First Named Driver for subsequent Certificates or "Named
Drivers".
N.B.4. All Trade Certificates in possession of / all Drivers employed by the Insured for
his trade are to be declared for insurance.
N.B.5. The Standard Form of Motor Trade Policy together with Endorsement IMT - 57
is to be used.
N.B.6. Any claim under Own Damage Section of the policy is subject to a compulsory
deductible of Rs.50/-.
Cars of private car type let out by motor dealers on loan or hire to customers when
their (customer's) vehicles are under repair with the same dealers may be insured under a
private car policy (Standard Form) on a declaration basis at the following rates :-
Package Policy Cover may be provided at the rate of Rs. 12/- per car per day, for a
period not exceeding 12 months, with a minimum premium of Rs. 330/-.
If "Liability Only" cover is required, it may be provided at the Rate of Re. 2/- per car per
day, for a period not exceeding 12 months, with a minimum premium of Rs. 175/-
Two wheelers let out by Motor dealers on loan or hire to customers when their
(customer's) vehicles are under repair with the same dealers may be insured under a
Standard Motor Cycle Policy on a declaration basis at the following rates :-
Package Policy Cover may be provided at the rate of Rs. 6.00 per two wheeler per day
for a period not exceeding 12 months, subject to a minimum premium of Rs. 225/-
If "Liability Only" cover is required, it may be provided at the Rate of Re. 1.00 per two
wheeler per day, for a period not exceeding 12 months, subject to a minimum premium of
Rs. 120/-.
EXTRA BENEFITS
In case of vehicles not having more than seven seats including the driver's seat the
insured may be indemnified in respect of passenger risk by payment of Rs. 115/- per
passenger upon the total number of vehicles at risk. Each such vehicle is deemed to have
4 passenger seats for the purpose of calculating premium.
Endorsement IMT - 46 is to be used.
b) Private use
Where the law permits, Policies may be extended to cover use of vehicles at an
additional premium of 5.5% to provide use by and to indemnify the following persons in
respect of Liability to the Public risks whilst using the insured vehicle for social
domestic and pleasure purposes :-
lxxxix
c) Demonstration - Driving Extension
Policies may be extended to cover driving for purposes of demonstration by persons not
in the employ of the insured while accompanied by the insured or an employee of the
insured for an additional premium of 12% of----------.
Endorsement IMT -60 is to be used.
(For amendment of the wording re : "driving", see Regulation No. 3A - Guide to
Completion of Policy Schedules)
Where additional premium has been paid in accordance with Extra Benefit Item. c above,
Policies issued on the Named Driver basis may be further extended to cover driving for
purposes of Tuition by persons not in the employ of the insured while accompanied by
one of the drivers named in the Policy for a further loading of 50%.
Endorsement IMT - 61 is to be used.
Where, however, additional premium in accordance with Extra Benefit Item c has not
been paid, additional premium of 60% should be charged for this extension in which case
the words "demonstration or" appearing after the words "for purposes of" in Endorsement
IMT -. 61 is to be deleted.
(For amendment of the wording re : "driving", see Regulation No. 3 A- Guide to
completion of Policy Schedules)
Legal Liability under the Workmen's Compensation Act (or other identical legislation)
Fatal Accidents Act and at Common Law may be granted by charging an additional
premium at the rate of Rs. 25/- per Trade Certificate or Named Driver.
xc
respect of damage to tyres is to be deleted. This provision applies to Policies covering
vehicle/chassis issued in favour of Manufacturers/Dealers or any other party who has an
insurable interest in such chassis/vehicle provided that the chassis/vehicle in transit to the
Manufacturers' or dealers' depots is brand new with brand new tyres.
xci
G. TARIFF FOR MOTOR TRADE - INTERNAL RISKS ONLY
(CLASS G)
Risks of Motor Manufacturers and Motor Assembly Factories and risks comprising solely
Motor Body Builders and Petrol Filling Stations are not subject to this Tariff.
Motor Trade Internal Risks Policy with Endorsement IMT - 63 is to be used for
‘Liability Only’ covers.
Rates applicable for superficial area occupied by the insured for the purpose of
Motor Trade business not exceeding 2000 sq. meters.
Premium for Package policies : 0.28% on wages + Rs.150/-
Premium for Liability Only policies : 0.28% on wages
NOTE: For superficial area exceeding 2000 sq. mtrs., additional premium of Rs.15/-and
Rs.8/- is chargeable on the Package premium and Liability Only premium respectively
for every 1000 sq.mtr or part thereof.
NOTES:
1. Showroom
Where premises are occupied as Showrooms only 50% of the above rates are to be
charged.
2. Open-air Car Parks
Open-air Car parks adjoining but outside motor trader's premises as defined above may
be covered but only 50% of the superficial area of such car parks is to be used for
premium calculation purposes.
Endorsement IMT- 64 is to be used.
xcii
3. More than one Premises.
In case of premises within 450 meters by road of any other premises, all belonging to one
owner and insured under one Policy, all such premises may be deemed to be one, or if
preferred, any or all such premises may be dealt with as separate premises.
Subject to this, each premise is to be rated as a separate risk both as regards superficial
area and wages and the premiums totaled.
Third Party Liability for loss of or damage to the motor vehicles or other property by
Fire is not subject to the Motor Trade Internal Risks Tariff and may not be added to a
Policy there under.
Internal Risks Policies may be extended to cover the liability of the Insured arising out of
work away from his own premises at an additional premium of 0.065% on the total wages
subject to a minimum additional premium of Rs. 50/-.
Endorsement IMT- 65 is to be used.
xciii
SECTION-5
PROPOSAL FORMS
Form No:
Occupation / Business:
Type of Cover required : Liability Only Policy / Package Policy / Others (specify)
3. Year of Manufacture :
4. Engine No :
5. Chassis No. :
6. Make of Vehicle :
7. Type of Body/Model :
8. Cubic Capacity :
xciv
10. Whether the vehicle is driven by non-conventional Yes/No
source of power
If yes, please give details.
18. Whether the vehicle is fitted with fibre glass tank ? Yes/No
19. Do you wish to opt for higher deductible over and above the
compulsory deductible (Rs.50 for Two Wheelers and
Rs.500/Rs.1000/- for Private Cars) Yes/No
22. Is the vehicle fitted with the any Anti-theft device approved
by the AARI.? Yes/No
xcv
If Yes, attach Certificate of Installation in the vehicle issued by Automobile
Association of India.
Do you wish to to restrict the above limits to the statutory TPPD Liability limit
of Rs.6000/- only? Yes/No
If yes, give the number of persons and Capital Sum Insured (CSI) opted. The
maximum CSI available per person is Rs. 2 lakhs in the case of Private cars and Rs. 1
lakh in the case of Motorised two wheelers.
Insured’s Non - electrical Electrical & Side Car (two Value of Total
Declared Value accessories electronic wheeler) Trailer CNG / LPG Kit Value
of vehicle fitted to the accessories (Pvt.cars)
vehicle fitted to the
vehicle
Rs. Rs. Rs. Rs. Rs. Rs.
xcvi
Note:
The Insured’s Declared Value (IDV) of the vehicle will be deemed to be the ‘SUM
INSURED’ for the purpose of this tariff and it will be fixed at the commencement of each
policy period for each insured vehicle.
The IDV of the vehicle is to be fixed on the basis of manufacturers’ listed selling price of
the brand and model as the vehicle proposed for insurance at the commencement of
insurance /renewal, and adjusted for depreciation (as per schedule specified below). The
IDV of the side car(s) and / or accessories, if any, fitted to the vehicle but not included in
the manufacturer’s listed selling price of the vehicle is / are also likewise to be fixed.
The schedule of age-wise depreciation as shown below is applicable for the purpose of
Total Loss/ Constructive Total Loss (TL/ CTL) claims only. A vehicle will be
considered to be a CTL where the aggregate cost of retrieval and / or repair of the
vehicle subject to terms and conditions of the policy exceeds 75% of the IDV.
28 Previous History
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
xcviii
Under Hypothecation Agreement (Yes/No)
b) If yes, give name and address of concerned parties _____ __________ __________
________ _______ ________ ________ ______ ____ ______ ________ __________
___________ _______ ______________ _________ ________ ______ _____ ______
_____ _____ _______ __________ ________ _____ _______
Declaration by Insured
I / We hereby declare that the statements made by me / us in this Proposal Form are true
to the best of my / our knowledge and belief and I / We hereby agree that this declaration
shall form the basis of the contract between me / us and the "--------- --------- ---------
-------------------- Co. Ltd."
I/We also declare that any additions or alterations are carried out after the submission of
this proposal form then the same would be conveyed to the insurers immediately.
Place
Date Signature of Proposer
xcix
out or renewing or continuing a policy accept any rebate except such rebate as may be
allowed in accordance with the prospectus or tables of the Insurer.
2. Any person making default in complying with the provisions of this section shall be
punishable with fine, which may extend to five hundred rupees.
Occupation / Business:
Type of Cover required : Liability Only Policy / Package Policy / Others (specify)
3. Year of Manufacture
4. Engine No.
5. Chassis No.
6. Make of Vehicle
13. Whether the use of the vehicle is limited to own premises? Yes/No
ci
20. Liability to Third Parties
Do you wish to to restrict the above limits to the statutory TPPD Liability limit
of Rs.6000/- only? Yes/No
If yes, give name and Capital Sum Insured (CSI) opted for. The maximum CSI available
per person is Rs. 1 Lakh in the case of Motorised two wheelers and Rs.2 lakhs for other
classes of vehicles.
If yes, give the number of persons and Capital Sum Insured (CSI) opted. The
maximum CSI available per person is Rs. 1 Lakh in the case of Motorised two wheelers
and Rs.2 lakhs for other classes of vehicles.
Number of persons CSI opted (Rs.)
Insured’s Non - electrical Electrical & Side Car (two Value of Total Value
Declared Value accessories electronic wheeler) Trailer CNG / LPG Kit
of vehicle fitted to the accessories (pvt.cars)
vehicle fitted to the
vehicle
Rs. Rs. Rs. Rs. Rs. Rs.
Note:
The Insured’s Declared Value (IDV) of the vehicle will be deemed to be the ‘SUM
INSURED’ for the purpose of this tariff and it will be fixed at the commencement of each
policy period for each insured vehicle.
cii
The IDV of the vehicle is to be fixed on the basis of manufacturers’ listed selling price of
the brand and model as the vehicle proposed for insurance at the commencement of
insurance /renewal, and adjusted for depreciation (as per schedule specified below). The
IDV of the side car(s) and / or accessories, if any, fitted to the vehicle but not included in
the manufacturer’s listed selling price of the vehicle is / are also likewise to be fixed.
The schedule of age-wise depreciation as shown below is applicable for the purpose of
Total Loss/ Constructive Total Loss (TL/ CTL) claims only. A vehicle will be
considered to be a CTL where the aggregate cost of retrieval and / or repair of the
vehicle subject to terms and conditions of the policy exceeds 75% of the IDV.
Previous History
25
a. Date of Purchase of the vehicle by the proposer
___________________________________
b. Whether the vehicle was New or Second Hand at the time of Purchase
________________
c. Is the vehicle in good condition ? (Yes/No)
If "No" please give full details
______________________________________
d. Name and address of the previous insurer
_____________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
b) If yes, give name and address of concerned parties _____ __________ __________
________ _______ ________ ________ ______ ____ ______ ________ __________
___________ _______ ______________ _________ ________ ______ _____ ______
_____ _____ _______ __________ ________ _____ _______
civ
28. Any other relevant information :
Declaration by Insured
I / We hereby declare that the statements made by me / us in this Proposal Form are true
to the best of my / our knowledge and belief and I / We hereby agree that this declaration
shall form the basis of the contract between me / us and the "--------- --------- ---------
-------------------- Co. Ltd."
I/We also hereby declare that if any additions or alterations are carried out after the
submission of this proposal form then the same would be conveyed to the insurers
immediately.
Place
Date Signature of Proposer
2. Any person making default in complying with the provisions of this section shall be
punishable with fine, which may extend to five hundred rupees.
cv
PROPOSAL FORM FOR MOTOR TRADE INTERNAL RISKS
2. Address
(Attach plan showing measurement and situation and number of entrances and exits,
trap-doors, inspection pits or other openings in floor or pavement. Show also situation
of any plant, machinery or petrol pumps.)
(a) Situation
(c) Superficial area of the premises i.e. whole of the land and buildings occupied by
the proposer for the purposes of his Motor trade business.
(d) If premises used for any purpose other than as a showroom, garage or
workshop state such other use.
4. Do you wish cover for any adjoining area outside your premises which is used as a
car park? If so give brief description and state its superficial area.
5. State total estimated annual wages, salaries and other earnings paid to employees.
6. Are you or have you ever been insured against Liability to the Public Risks of
any kind including Motor vehicle Road Risk?
If so state name of the Company or Underwriter.
8. Give below particulars of any claim made upon you or by you during the past years.
Total cost of settled claims Outstanding Claims
Year
Total No. of Accidents
cvi
Bodily injury to third parties
Damage to property including vehicles owned by third parties
Damage to own vehicles
Number
Estimated cost
Declaration by Insured
I / We hereby declare that the statements made by me / us in this Proposal Form are true
to the best of my / our knowledge and belief and I / We hereby agree that this declaration
shall form the basis of the contract between me / us and the "--------- --------- ---------
-------------------- Co. Ltd."
I/We also hereby declare that if any additions or alterations are carried out after the
submission of this proposal form then the same would be conveyed to the insurers
immediately.
2. Any person making default in complying with the provisions of this section shall be
punishable with fine, which may extend to five hundred rupees.
cvii
SECTION-6
STANDARD WORDINGS INRESPECT OF POLICY INCLUDING
PREMIUM COMPUTATION TABLE ,CERTIFICATE OF INSURANCE
AND COVER NOTE
Whereas the insured by a proposal and declaration dated as stated in the Schedule which
shall be basis of this contract and is deemed to be incorporated herein has applied to the
Company for the insurance hereinafter contained and has paid the premium as
consideration for such insurance in respect of events occurring during the period of
insurance.
That subject to the Terms, Exceptions and Conditions contained herein or endorsed or
expressed hereon:
1. Subject to the Limit of liability as laid down in the schedule hereto, the Company
will indemnify the insured in the event of accident caused by or arising out of the use of
the Motor Vehicle anywhere in India against all sums including claimant's costs and
expenses which the insured shall become legally liable to pay in respect of
ii. damage to property other than property belonging to the insured or held in
trust or in the custody or control of the insured up to the limit specified in the
schedule.
2. The Company will also pay all costs and expenses incurred with its written consent.
3. In terms of and subject to the limitations of the indemnity which is granted by this
policy to the insured, the Company will indemnify any driver who is driving the Motor
Vehicle on the insured's order or with insured’s permission provided that such driver
shall as though he/she were the insured observe fulfill and be subject to the terms
exceptions and conditions of this policy in so far as they apply.
4. In the event of the death of any person entitled to indemnity under this policy the
Company will in respect of the liability incurred by such person indemnify his/her
personal representative in terms of and subject to the limitations of this Policy provided
that such personal representative shall as though such representative was the insured
observe fulfill and be subject to the terms exceptions and conditions of this Policy in so
cviii
far as they apply.
(A) arrange for representation at any Inquest or Fatal Inquiry in respect of any death
which may be the subject of indemnity under this Policy and
(B) undertake the defence of proceedings in any Court of Law in respect of any act or
alleged offence causing or relating to any event which may be the subject of
indemnity under this Policy.
Nothing in this Policy or any endorsement hereon shall affect the right of any person
indemnified by this Policy or any other person to recover an amount under or by virtue of
the provisions of the Motor Vehicles Act.
But the insured shall repay to the Company all sums paid by the Company which the
Company would not have been liable to pay but for the said provisions.
In the event of any accident involving indemnity to more than one person any limitation
by the terms of this Policy and/or of any Endorsement thereon of the amount of any
indemnity shall apply to the aggregate amount of indemnity to all persons indemnified
and such indemnity shall apply in priority to the insured.
Subject otherwise to the terms exceptions conditions and limitations of this Policy, the
Company undertakes to pay compensation as per the following scale for bodily injury/
death sustained by the owner-driver of the vehicle in direct connection with the vehicle
insured or whilst mounting into/dismounting from or traveling in the insured vehicle as
a co-driver, caused by violent, accidental, external and visible means which
independently of any other cause shall within six calendar months of such injury result in
Scale of compensation
i) Death 100%
(ii) Loss of two limbs or sight of two eyes 100%
or one limb and sight of one eye.
(iii) Loss of one limb or sight of one eye 50%
(iv) Permanent total disablement from 100%
injuries other than named above.
cix
1) the compensation shall be payable under only one of the items (i) to (iv) above in
respect of the owner-driver arising out of any one occurrence and the total liability
of the insurer shall not in the aggregate exceed the sum of Rs. ----- during any one
period of insurance.
(a) the owner-driver is the registered owner of the vehicle insured herein;
(c) the owner-driver holds an effective driving license, in accordance with the
provisions of Rule 3 of the Central Motor Vehicles Rules, 1989, at the time of
the accident.
GENERAL EXCEPTIONS
1. The Company shall not be liable in respect of any claim arising whilst the vehicle
insured herein
(a) being used otherwise than in accordance with the ‘Limitations as to Use’
or
(b) being driven by or is for the purpose of being driven by him/her in the charge of
any person other than a Driver as stated in the Driver's Clause.
2. The Company shall not be liable in respect of any claim arising out of any contractual
liability.
3. Except so far as is necessary to meet the requirements of the Motor Vehicles Act,
the Company shall not be liable in respect of death arising out of and in the course of
employment of a person in the employment of the insured or in the employment of any
person who is indemnified under this policy or bodily injury sustained by such person
arising out of and in the course of such employment.
4. Except so far as is necessary to meet the requirements of the Motor Vehicles Act, the
Company shall not be liable in respect of death or bodily injury to any person (other than
a passenger carried by reason of or in pursuance of a contract of employment ) being
carried in or upon or entering or mounting or alighting from the Motor Vehicle at the
time of the occurrence of the event out of which any claim arises.
5. The Company shall not be liable in respect of any liability directly or indirectly or
proximately or remotely occasioned by contributed by or traceable to or arising out of or
in connection with War, Invasion, the Act of foreign enemies, hostilities or warlike
cx
operations (whether before or after declaration of war), Civil War, Mutiny, Rebellion
Military or usurped power or by any direct or indirect consequences of any of the said
occurrences and in the event of any claim hereunder, the Insured shall prove that the
accident, loss, damage and/or liability, arose independently of and was in no way
connected with or occasioned by or contributed to by or traceable to any of the said
occurrences or any consequences thereof and in default of such proof, the Company shall
not be liable to make any payment in respect of such a claim.
6. The Company shall not be liable in respect of any liability directly or indirectly
caused by or contributed to by or arising from nuclear weapons material.
CONDITIONS
This Policy and the Schedule shall be read together and any word or expression to which
a specific meaning has been attached in any part of this policy or of the Schedule shall
bear the same meaning wherever it may appear.
1. Notice shall be given in writing to the Company immediately upon the occurrence of
any accident and in the event of any claim. Every letter claim writ summons and/or
process shall be forwarded to the Company immediately on receipt by the insured.
Notice shall also be given in writing to the Company immediately the insured shall have
knowledge of any impending Prosecution Inquest or Fatal Inquiry in respect of any
accident which may give rise to a claim under this Policy.
3. The insured shall take all reasonable steps to maintain the insured vehicle in efficient
condition and the company shall have at all times free and full access to examine the
insured vehicle or any part thereof or any driver or employee of the insured.
4. The Company may cancel the policy by sending seven days notice by recorded
delivery to the insured at insured’s last known address and in such event will return to the
insured the premium paid less the pro rata portion thereof for the period the Policy has
been in force or the policy may be cancelled at any time by the insured on seven days’
notice by recorded delivery and (provided no claim has arisen during the currency of the
policy) the insured shall be entitled to a return of premium less premium at the
Company's Short Period rates for the period the Policy has been in force. Return of the
premium by the company will be subject to retention of the minimum premium of
Rs.100/- (or Rs.25/- in respect of vehicles specifically designed/modified for use by
cxi
blind/handicapped/mentally challenged persons). Where the ownership of the vehicle is
transferred, the policy cannot be cancelled unless evidence that the vehicle is insured
elsewhere is produced.
5. If at the time of occurrence of an event that gives rise to any claim under this policy
there is in existence any other insurance covering the same liability, the Company shall
not be liable to pay or contribute more than its ratable proportion of any compensation,
cost or expense.
6. If any dispute or difference shall arise as to the quantum to be paid under this
policy (liability being otherwise admitted), such difference shall independent of all
other questions be referred to the decision of a sole arbitrator to be appointed in
writing by the parties to the dispute or if they cannot agree upon a single arbitrator
within 30 days of any party invoking Arbitration, the same shall be referred to a panel of
three arbitrators comprising two arbitrators one to be appointed by each of the parties to
the dispute / difference, and a third arbitrator to be appointed by such two arbitrators who
shall act as the presiding arbitrator and Arbitration shall be conducted under and in
accordance with the provisions of the Arbitration and Conciliation Act, 1996.
It is hereby expressly stipulated and declared that it shall be condition precedent to any
right of action or suit upon this policy that the award by such arbitrator/ arbitrators of
the amount of the loss or damage shall be first obtained.
It is also hereby further expressly agreed and declared that if the Company shall
disclaim liability to the insured for any claim hereunder and such claim shall not,
within twelve calendar months from the date of such disclaimer have been made the
subject matter of a suit in a court of law, then the claim shall for all purposes be deemed
to have been abandoned and shall not thereafter be recoverable hereunder.
7. 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.
8. 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 heir(s)
of the insured to whom the custody and use of the Motor Vehicle passes may apply to
have this Policy transferred to the name(s) of the heir(s) or obtain a new insurance policy
for the Motor Vehicle.
Where such legal heir(s) desire(s) to apply for transfer of this policy or obtain a new
policy for the vehicle such heir(s) should make an application to the Company
cxii
accordingly within the aforesaid period. All such applications should be accompanied
by:-
a) Death Certificate in respect of the insured
b) Proof of title to the vehicle
c) Original Policy.
SCHEDULE
Policy No. :
The Company :
The Insured : Name :
Address :
Business or Profession :
Period of Insurance : From .. .... o' Clock on ........ to…………. midnight on .......
The Motor Vehicle : Any of the following:-
(Motor Vehicle shall in case of a Motorised Two Wheeler be deemed to include a side
car attached to it)
1. Under 1(i) of the Policy - Such amount as is necessary to meet the requirements
of the Motor Vehicles Act 1988
2. Under 1(ii) of the Policy – (a) For Motorised two-wheelers - Rs. ………*
Limitations as to Use:-
Stage Carriage/ The policy covers use only under a permit within the
Contract Carriage/ meaning of the Motor Vehicles Act,1988 or such a
Goods Carriage/ Private carriage falling under sub-section (3) of Section 66
Service Vehicle of the Motor Vehicles Act, 1988.
The policy does not cover use for:
a) Organised racing
b) Speed testing
Private Service Vehicle The policy covers use for any purpose other than:
and non- transport a) hire or reward
cxiii
vehicle b) organised racing, or
c) speed testing
Driver :
Persons or classes of persons entitled to drive:
Schedule of Premium
Basic premium including premium for TPPD Vehicle Rs
Trailers ( Endt. IMT-)
CNG / LPG Engine or bi- fuel kit
Total Rs-- Rs 60/-
Add:
a) PA for Owner - Driver
cxiv
b) PA for paid drivers, cleaners & Rs
Conductors
( IMT Endt .No 17)
cxv
STANDARD FORM FOR PRIVATE CAR PACKAGE POLICY
Whereas the insured by a proposal and declaration dated as stated in the Schedule which
shall be the basis of this contract and is deemed to be incorporated herein has applied to
the Company for the insurance hereinafter contained and has paid the premium
mentioned in the schedule as consideration for such insurance in respect of accidental
loss or damage occurring during the period of insurance.
That subject to the Terms Exceptions and Conditions contained herein or endorsed or
expressed hereon;
The Company will indemnify the insured against loss or damage to the vehicle insured
hereunder and / or its accessories whilst thereon
Subject to a deduction for depreciation at the rates mentioned below in respect of parts
replaced :
1. For all rubber/ nylon / plastic parts, tyres and tubes, batteries and air bags - 50%
4. Rate of depreciation for all other parts including wooden parts will be as per the
following schedule.
cxvi
Exceeding 3 years but not exceeding 4 years...........……............25%
Exceeding 4 years but not exceeding 5 years...............................35%
Exceeding 5 year but not exceeding 10 years...............................40%
Exceeding 10 years..................................…………...................50%
(a) consequential loss, depreciation, wear and tear, mechanical or electrical breakdown,
failures or breakages;
(b) damage to tyres and tubes unless the vehicle is damaged at the same time in
which case the liability of the company shall be limited to 50% of the cost of
replacement.
and
(c) any accidental loss or damage suffered whilst the insured or any person driving the
vehicle with the knowledge and consent of the insured is under the influence of
intoxicating liquor or drugs.
In the event of the vehicle being disabled by reason of loss or damage covered under this
Policy the Company will bear the reasonable cost of protection and removal to the
nearest repairer and redelivery to the insured but not exceeding in all Rs. 1500/- in
respect of any one accident.
The insured may authorise the repair of the vehicle necessitated by damage for which the
Company may be liable under this Policy provided that :
a) the estimated cost of such repair including replacements, if any, does not exceed
Rs.500/-;
b) the Company is furnished forthwith with a detailed estimate of the cost of repairs;
and
c) the insured shall give the Company every assistance to see that such repair is necessary
and the charges are reasonable.
The Insured’s Declared Value (IDV) of the vehicle will be deemed to be the ‘SUM
INSURED’ for the purpose of this policy which is fixed at the commencement of each
policy period for the insured vehicle.
The IDV of the vehicle (and accessories if any fitted to the vehicle) is to be fixed on the
basis of the manufacturer’s listed selling price of the brand and model as the vehicle
insured at the commencement of insurance/renewal and adjusted for depreciation (as per
schedule below).
The schedule of age-wise depreciation as shown below is applicable for the purpose of
cxvii
Total Loss/Constructive Total Loss (TL/CTL) claims only.
IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles ( i.e.
models which the manufacturers have discontinued to manufacture) is to be determined
on the basis of an understanding between the insurer and the insured.
IDV shall be treated as the ‘Market Value’ throughout the policy period without any
further depreciation for the purpose of Total Loss (TL) / Constructive Total Loss (CTL)
claims.
The insured vehicle shall be treated as a CTL if the aggregate cost of retrieval and / or
repair of the vehicle, subject to terms and conditions of the policy, exceeds 75% of the
IDV of the vehicle.
1. Subject to the limits of liability as laid down in the Schedule hereto the Company will
indemnify the insured in the event of an accident caused by or arising out of the use of
the vehicle against all sums which the insured shall become legally liable to pay in
respect of :-
(i) death of or bodily injury to any person including occupants carried in the vehicle
(provided such occupants are not carried for hire or reward) but except so far as it is
necessary to meet the requirements of Motor Vehicles Act, the Company shall not be
liable where such death or injury arises out of and in the course of the employment of
such person by the insured.
(ii) damage to property other than property belonging to the insured or held in trust or in
cxviii
the custody or control of the insured.
2. The Company will pay all costs and expenses incurred with its written consent.
3. In terms of and subject to the limitations of the indemnity granted by this section to the
insured, the Company will indemnify any driver who is driving the vehicle on the
insured's order or with insured’s permission provided that such driver shall as though
he/she was the insured observe fulfill and be subject to the terms exceptions and
conditions of this Policy in so far as they apply.
4. In the event of the death of any person entitled to indemnity under this policy the
Company will in respect of the liability incurred by such person indemnify his/her
personal representative in terms of and subject to the limitations of this Policy provided
that such personal representative shall as though such representative was the insured
observe fulfill and be subject to the terms exceptions and conditions of this Policy in so
far as they apply.
(A) arrange for representation at any Inquest or Fatal Inquiry in respect of any death
which may be the subject of indemnity under this Policy and
(B) undertake the defence of proceedings in any Court of Law in respect of any act or
alleged offence causing or relating to any event which may be the subject of
indemnity under this Policy.
Nothing in this Policy or any endorsement hereon shall affect the right of any person
indemnified by this Policy or any other person to recover an amount under or by virtue of
the provisions of the Motor Vehicles Act.
But the insured shall repay to the Company all sums paid by the Company which the
Company would not have been liable to pay but for the said provisions.
In the event of any accident involving indemnity to more than one person any limitation
by the terms of this Policy and/or of any Endorsement thereon of the amount of any
indemnity shall apply to the aggregate amount of indemnity to all persons indemnified
and such indemnity shall apply in priority to the insured.
cxix
SECTION III – PERSONAL ACCIDENT COVER FOR OWNER-DRIVER
The Company undertakes to pay compensation as per the following scale for bodily
injury/ death sustained by the owner-driver of the vehicle, in direct connection with the
vehicle insured or whilst driving or mounting into/dismounting from the vehicle insured
or whilst traveling in it as a co-driver, caused by violent accidental external and visible
means which independent of any other cause shall within six calendar months of such
injury result in:
A ) compensation shall be payable under only one of the items (i) to (iv) above
in respect of the owner-driver arising out of any one occurrence and the total
liability of the insurer shall not in the aggregate exceed the sum of Rs. 2
lakhs during any one period of insurance.
(a) the owner-driver is the registered owner of the vehicle insured herein;
(c) the owner-driver holds an effective driving license, in accordance with the
provisions of Rule 3 of the Central Motor Vehicles Rules, 1989, at the time of
the accident.
cxx
GENERAL EXCEPTIONS
( Applicable to all Sections of the Policy)
1. any accidental loss or damage and/or liability caused sustained or incurred outside the
geographical area;
3. any accidental loss damage and/or liability caused sustained or incurred whilst the
vehicle insured herein is
(a) being used otherwise than in accordance with the ‘Limitations as to Use’
or
(b) being driven by or is for the purpose of being driven by him/her in the charge of
any person other than a Driver as stated in the Driver's Clause.
4. (i) Any accidental loss or damage to any property whatsoever or any loss or expense
whatsoever resulting or arising there from or any consequential loss
DEDUCTIBLE
The Company shall not be liable for each and every claim under Section - I (loss of or
damage to the vehicle insured) of this Policy in respect of the deductible stated in the
schedule.
cxxi
CONDITIONS
This Policy and the Schedule shall be read together and any word or expression to which
a specific meaning has been attached in any part of this Policy or of the Schedule shall
bear the same meaning wherever it may appear.
1. Notice shall be given in writing to the Company immediately upon the occurrence of
any accidental loss or damage in the event of any claim and thereafter the insured shall
give all such information and assistance as the Company shall require. Every letter claim
writ summons and/or process or copy thereof shall be forwarded to the Company
immediately on receipt by the insured. Notice shall also be given in writing to the
Company immediately the insured shall have knowledge of any impending prosecution,
inquest or fatal inquiry in respect of any occurrence which may give rise to a claim
under this Policy. In case of theft or criminal act which may be the subject of a claim
under this Policy the insured shall give immediate notice to the police and co-operate
with the Company in securing the conviction of the offender.
3. The Company may at its own option repair reinstate or replace the vehicle or part
thereof and/or its accessories or may pay in cash the amount of the loss or damage and
the liability of the Company shall not exceed:
(a) for total loss / constructive total loss of the vehicle - the Insured's Declared Value
(IDV) of the vehicle (including accessories thereon) as specified in the Schedule
less the value of the wreck.
(b) for partial losses, i.e. losses other than Total Loss/Constructive Total Loss of the
vehicle - actual and reasonable costs of repair and/or replacement of parts
lost/damaged subject to depreciation as per limits specified.
4. The insured shall take all reasonable steps to safeguard the vehicle from loss or
damage and to maintain it in efficient condition and the Company shall have at all
times free and full access to examine the vehicle or any part thereof or any driver or
employee of the insured. In the event of any accident or breakdown, the vehicle shall
not be left unattended without proper precautions being taken to prevent further
damage or loss and if the vehicle be driven before the necessary repairs are effected
any extension of the damage or any further damage to the vehicle shall be entirely at
the insured's own risk.
5. The Company may cancel the policy by sending seven days notice by recorded
cxxii
delivery to the insured at insured’s last known address and in such event will return to
the insured the premium paid less the pro rata portion thereof for the period the Policy
has been in force or the policy may be cancelled at any time by the insured on seven
days’ notice by recorded delivery and provided no claim has arisen during the
currency of the policy, the insured shall be entitled to a return of premium less
premium at the Company's Short Period rates for the period the Policy has been in
force. Return of the premium by the company will be subject to retention of the
minimum premium of Rs.100/- (or Rs.25/- in respect of vehicles specifically
designed/modified for use by blind/handicapped/mentally challenged persons). Where
the ownership of the vehicle is transferred, the policy cannot be cancelled unless
evidence that the vehicle is insured elsewhere is produced.
6. If at the time of occurrence of an event that gives rise to any claim under this policy
there is in existence any other insurance covering the same liability, the Company
shall not be liable to pay or contribute more than its ratable proportion of any
compensation, cost or expense.
7. If any dispute or difference shall arise as to the quantum to be paid under this
policy (liability being otherwise admitted), such difference shall independent of all
other questions be referred to the decision of a sole arbitrator to be appointed in
writing by the parties to the dispute or if they cannot agree upon a single arbitrator
within 30 days of any party invoking Arbitration, the same shall be referred to a panel
of three arbitrators comprising two arbitrators one to be appointed by each of the
parties to the dispute / difference, and a third arbitrator to be appointed by such two
arbitrators who shall act as the presiding arbitrator and Arbitration shall be conducted
under and in accordance with the provisions of the Arbitration and Conciliation Act,
1996.
It is hereby expressly stipulated and declared that it shall be condition precedent to any
right of action or suit upon this policy that the award by such arbitrator/ arbitrators
of the amount of the loss or damage shall be first obtained.
It is also hereby further expressly agreed and declared that if the Company shall
disclaim liability to the insured for any claim hereunder and such claim shall not,
within twelve calendar months from the date of such disclaimer have been made the
subject matter of a suit in a court of law, then the claim shall for all purposes be
deemed to have been abandoned and shall not thereafter be recoverable hereunder.
8. The due observance and fulfillment of the terms, conditions and endorsements 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
cxxiii
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
heir(s) of the insured to whom the custody and use of the Motor Vehicle passes may
apply to have this Policy transferred to the name(s) of the heir(s) or obtain a new
insurance policy for the Motor Vehicle.
Where such legal heir(s) desire(s) to apply for 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:-
SCHEDULE
Policy No. :
THE COMPANY :
The vehicle :
cxxiv
I N S U R E D’S D E CLAR E D V A L U E
Policy No.
For the Vehicle For trailers Non electrical Electrical/ Electronic Value of Total
accessories accessories CNG/ LPG kit Value
Rs Rs Rs Rs Rs Rs
Limitations as to use:-
The Policy covers use of the vehicle for any purpose other than:
a) Hire or Reward
b) Carriage of goods (other than samples or personal luggage)
c) Organized racing
d) Pace making
e) Speed testing
f) Reliability Trials
g) Any purpose in connection with Motor Trade
Driver:
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license;
Provided also that the person holding an effective learner’s license may also drive the
vehicle and that such a person satisfies the requirements of Rule 3 of the Central Motor
Vehicles Rules, 1989.
Limits of Liability
Under Section II-1 (i) of the policy - Death of or bodily injury - Such amount as is
necessary to meet there requirements of the Motor Vehicles Act, 1988.
Under Section II - 1(ii) of the policy -Damage to Third Party Property - Rs……. /*
P.A. Cover under Section III for Owner – Driver (CSI) : Rs. …….
Deductible under section –I : : Rs…………..
No Claim Bonus
The insured is entitled for a No Claim Bonus (NCB) on the Own Damage section of the
policy, if no claim is made or pending during the preceding year (s), as per the following
cxxv
table:
No Claim Bonus will only be allowed provided the policy is renewed within 90 days of
the expiry date of the previous policy.
in Witness whereof this Policy has been signed at ................... this ...........day
of .................................. in lieu of cover Note No. .................
Date ......................................
Receipt No. ............................Date .............................
IMPORTANT NOTICE
The Insured is not indemnified if the vehicle is used or driven otherwise than in
accordance with this Schedule. Any payment made by the Company by reason of wider
terms appearing in the Certificate in order to comply with the Motor Vehicle Act, 1988 is
recoverable from the Insured. See the clause headed "AVOIDANCE OF CERTAIN
TERMS AND RIGHT OF RECOVERY".
For Legal interpretation, English version will hold good.
cxxvi
CERTIFICATE OF INSURANCE
Business or Profession :
Provided that a person driving holds an effective Driving license at the time of the
accident and is not disqualified from holding or obtaining such a license.
Provided also that the person holding an effective Learner’s License may also drive the
vehicle and that such a person satisfies the requirements of Rule 3 of the Central Motor
Vehicles Rules, 1989.
LIMITATIONS AS TO USE
I/We hereby certify that the Policy to which this Certificate relates as well as this
Certificate of Insurance are issued in accordance with the provisions of Chapter X and
Chapter XI of M.V. Act, 1988.
cxxvii
Full address of Issuing Office:
Date of issue
Whereas the Insured by a proposal and declaration dated as stated in the Schedule which
shall be the basis of this contract and is deemed to be incorporated herein has applied to
the company for insurance hereinafter contained and has paid the premium mentioned in
the schedule as consideration for such insurance in respect of accident loss or damage
occurring during the Period of Insurance.
(The term two wheeler referred to in this Tariff will include motor cycle/scooter / auto
cycle or any other motorised two wheeled vehicle mentioned in the Schedule.)
That subject to the Terms Exceptions and Conditions contained herein or endorsed or
otherwise expressed hereon.
The Company will indemnify the insured against loss or damage to the vehicle insured
hereunder and/or its accessories whilst thereon
ix. whilst in transit by road rail inland- waterway lift elevator or air;
x. by landslide rockslide.
1. For all rubber/ nylon/ plastic parts, tyres, tubes and batteries - 50%
4. Rate of depreciation for all other parts including wooden parts will be as per the
following schedule:
(a) consequential loss, depreciation , wear and tear, mechanical or electrical breakdown
failures or breakages ;
(b) damage to Tyres and Tubes unless the vehicle insured is damaged at the same time in
which case the liability of the company shall be limited to 50% of the cost of
replacement.
cxxix
(c) loss of or damage to accessories by burglary housebreaking or theft unless the vehicle
is stolen at the same time ; and
(d) any accidental loss or damage suffered whilst the insured or any person driving the
vehicle with the knowledge and consent of the insured is under the influence of
intoxicating liquor or dugs.
In the event of the vehicle being disabled by reason of loss or damage covered under this
Policy the Company will bear the reasonable cost of protection and removal to the nearest
repairer and of redelivery to the Insured but not exceeding in all Rs.300/- in respect of
any one accident.
The insured may authorise the repair of the vehicle necessitated by damage for which the
Company may be liable under this Policy provided that:-
(a) the estimated cost of such repair including replacements, if any, does not exceed
Rs.150/-
(b) the Company is furnished forthwith a detailed estimate of the cost of repairs and
(c) the insured shall give the Company every assistance to see that such repair is
necessary and the charges are reasonable.
The Insured’s Declared Value (IDV) of the vehicle will be deemed to be the ‘SUM
INSURED’ for the purpose of this policy which is fixed at the commencement of each
policy period for the insured vehicle.
The IDV of the vehicle (and side car/accessories, if any, fitted to the vehicle) is to be
fixed on the basis of the manufacturer’s listed selling price of the brand and model as the
insured vehicle at the commencement of insurance/renewal and adjusted for depreciation
(as per schedule below).
The schedule of age-wise depreciation as shown below is applicable for the purpose of
Total Loss/Constructive Total Loss (TL/CTL) claims only.
cxxx
Exceeding 1 year but not exceeding 2 20%
years
Exceeding 2 years but not exceeding 3 30%
years
Exceeding 3 years but not exceeding 4 40%
years
Exceeding 4 years but not exceeding 5 50%
years
IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles ( i.e.
models which the manufacturers have discontinued to manufacture) is to be determined
on the basis of an understanding between the insurer and the insured.
IDV shall be treated as the ‘Market Value’ throughout the policy period without any
further depreciation for the purpose of Total Loss (TL) / Constructive Total Loss (CTL)
claims.
The insured vehicle shall be treated as CTL if the aggregate cost of retrieval and / or
repair of the vehicle, subject to terms and conditions of the policy, exceeds 75% of the
IDV of the vehicle.
1. Subject to the limits of liability as laid down in the Schedule hereto the Company will
indemnify the insured in the event of an accident caused by or arising out of the use of
the insured vehicle against all sums which the insured shall become legally liable to pay
in respect of
i) death of or bodily injury to any person including occupants carried in the insured
vehicle ( provided such occupants are not carried for hire or reward) but except so far as
it is necessary to meet the requirements of Motor Vehicles Act, the Company shall not be
liable where such death or injury arises out of and in the course of the employment of
such person by the insured,
ii) damage to property other than property belonging to the insured or held in trust or in
the custody or control of the insured.
PROVIDED ALWAYS that the Company shall not be liable in respect of death injury or
damage caused or arising beyond the limits of any carriageway or thoroughfare in
connection with the bringing of the load to the vehicle for loading thereon or the taking
away of the load from the vehicle after unloading there from.
2. The Company will pay all costs and expenses incurred with its written consent.
cxxxi
3. In terms of and subject to the limitations of the indemnity granted by this section to the
insured, the Company will indemnify any driver who is driving the vehicle on the
insured's order or with insured’s permission provided that such driver shall as though
he/she was the insured observe fulfill and be subject to the terms exceptions and
conditions of this Policy in so far as they apply.
4. In the event of the death of any person entitled to indemnity under this policy the
Company will in respect of the liability incurred by such person indemnify his/her
personal representative in terms of and subject to the limitations of this Policy provided
that such personal representative shall as though such representative was the insured
observe fulfill and be subject to the terms exceptions and conditions of this Policy in so
far as they apply.
(A) arrange for representation at any Inquest or Fatal Inquiry in respect of any death
which may be the subject of indemnity under this Policy and
(B) undertake the defence of proceedings in any Court of Law in respect of any act or
alleged offence causing or relating to any event which may be the subject of
indemnity under this Policy.
Nothing in this Policy or any endorsement hereon shall affect the right of any person
indemnified by this policy or any other person to recover an amount under or by virtue of
the Provisions of the Motor Vehicles Act.
But the Insured shall repay to the Company all sums paid by the Company which the
Company would not have been liable to pay but for the said provision.
In the event of any accident involving indemnity to more than one person any limitation
by the terms of this Policy and/or of any Endorsement thereon of the amount of any
indemnity shall apply to the aggregate amount of indemnity to all persons indemnified
and such indemnity shall apply in priority to the insured
Subject otherwise to the terms exceptions conditions and limitations of this Policy, the
Company undertakes to pay compensation as per the following scale for bodily injury/
death sustained by the owner-driver of the vehicle indirect connection with the vehicle
insured whilst mounting into/dismounting from or traveling in the insured vehicle as a
co-driver, caused by violent accidental external and visible means which independent of
any other cause shall within six calendar months of such injury result in:
A) the compensation shall be payable under only one of the items (i) to (iv) above in
respect of the owner-driver arising out of any one occurrence and the total liability
of the insurer shall not in the aggregate exceed the sum of Rs. 1 lakh during any one
period of insurance.
GENERAL EXCEPTIONS
(Applicable to all sections of the Policy)
1. any accidental loss damage and/or liability caused sustained or incurred outside the
Geographical Area.
2. any claim arising out of any contractual liability.
3. any accidental loss damage and/or liability caused sustained or incurred whilst the
vehicle insured herein is:
b) being driven by or is for the purpose of being driven by him/her in the charge of
any person other than a Driver as stated in the Driver's clause.
cxxxiii
4 i) any accident loss or damage to any property whatsoever or any loss or expense
whatsoever resulting or arising there from or any consequential loss
DEDUCTIBLE
The Company shall not be liable for each and every claim under Section -1 (loss of or
damage to the vehicle insured) of this Policy in respect of the deductible stated in the
schedule.
CONDITIONS
This Policy and the Schedule shall be read together and any word or expression to which
a specific meaning has been attached in any part of this Policy or of the Schedule shall
bear the same meaning wherever it may appear.
1. Notice shall be given in writing to the Company immediately upon the occurrence of
any accidental or loss or damage and in the event of any claim and thereafter the insured
shall give all such information and assistance as the Company shall require. Every letter
claim writ summons and/or process or copy thereof shall be forwarded to the Company
immediately on receipt by the insured. Notice shall also be given in writing to the
Company immediately the insured shall have knowledge of any impending prosecution
inquest or fatal injury in respect of any occurrence which may give rise to a claim under
this policy. In case of theft or other criminal act which may be the subject of a claim
under this Policy the insured shall give immediate notice to the police and co-operate
with the Company in securing the conviction of the offender.
cxxxiv
2. 2. No admission offer promise payment or indemnity shall be made or given by
or on behalf of the Insured without the written consent of the Company which shall be
entitled if it so desires to take over and conduct in the name of the Insured the defence or
settlement of any claim or to prosecute in the name of the Insured for its own benefit any
claim for indemnity or damages or otherwise and shall have full discretion in the conduct
of any proceedings or in the settlement of any claim and the Insured shall give all such
information and assistance as the Company may require.
3. The Company may at its own option repair reinstate or replace the vehicle or part
thereof and/or its accessories or may pay in cash the amount of the loss or damage and
the liability of the Company shall not exceed:
(a) for total loss / constructive total loss of the vehicle - the Insured's Declared Value
(IDV) of the vehicle (including accessories thereon) as specified in the Schedule less the
value of the wreck.
(b) for partial losses, i.e. losses other than Total Loss/Constructive Total Loss of the
vehicle - actual and reasonable costs of repair and/or replacement of parts lost/damaged
subject to depreciation as per limits specified.
4. The Insured shall take all reasonable steps to safeguard the vehicle from loss or
damage and to maintain it in efficient condition and the Company shall have at all times
free and full access to examine the vehicle or any part thereof or any driver or employee
of the insured. In the event of any accident or breakdown, the vehicle shall not be left
unattended without proper precautions being taken to prevent further damage or loss and
if the vehicle be driven before the necessary repairs are effected any extension of the
damage or any further damage to the vehicle shall be entirely at the insured's own risk.
5. The Company may cancel the policy by sending seven days notice by recorded
delivery to the insured at insured’s last known address and in such event will return to the
insured the premium paid less the pro rata portion thereof for the period the Policy has
been in force or the policy may be cancelled at any time by the insured on seven days’
notice by recorded delivery and provided no claim has arisen during the currency of the
policy, the insured shall be entitled to a return of premium less premium at the
Company's Short Period rates for the period the Policy has been in force. Return of the
premium by the company will be subject to retention of the minimum premium of
Rs.100/- (or Rs.25/- in respect of vehicles specifically designed/modified for use by
blind/handicapped/mentally challenged persons). Where the ownership of the vehicle is
transferred, the policy cannot be cancelled unless evidence that the vehicle is insured
elsewhere is produced.
6. If at the time of occurrence of an event that gives rise to any claim under this policy
there is in existence any other insurance covering the same liability, the Company shall
not be liable to pay or contribute more than its ratable proportion of any compensation,
cost or expense.
7. If any dispute or difference shall arise as to the quantum to be paid under this
cxxxv
policy (liability being otherwise admitted), such difference shall independent of all
other questions be referred to the decision of a sole arbitrator to be appointed in
writing by the parties to the dispute or if they cannot agree upon a single arbitrator
within 30 days of any party invoking Arbitration, the same shall be referred to a panel of
three arbitrators comprising two arbitrators one to be appointed by each of the parties to
the dispute / difference, and a third arbitrator to be appointed by such two arbitrators who
shall act as the presiding arbitrator and Arbitration shall be conducted under and in
accordance with the provisions of the Arbitration and Conciliation Act, 1996.
It is clearly agreed and understood that no difference or dispute shall be referable to
Arbitration as hereinbefore provided, if the Company has disputed or not accepted
liability under or in respect of this policy.
It is hereby expressly stipulated and declared that it shall be condition precedent to any
right of action or suit upon this policy that the award by such arbitrator/ arbitrators of
the amount of the loss or damage shall be first obtained.
It is also hereby further expressly agreed and declared that if the Company shall
disclaim liability to the insured for any claim hereunder and such claim shall not,
within twelve calendar months from the date of such disclaimer have been made the
subject matter of a suit in a court of law, then the claim shall for all purposes be deemed
to have been abandoned and shall not thereafter be recoverable hereunder.
8. The due observance and fulfillment of the terms, conditions and endorsements 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 heir(s)
of the insured to whom the custody and use of the Motor Vehicle passes may apply to
have this Policy transferred to the name(s) of the heir(s) or obtain a new insurance policy
for the Motor Vehicle.
Where such legal heir(s) desire(s) to apply for 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 respect of the insured
b) Proof of title to the vehicle
c) Original Policy.
cxxxvi
SCHEDULE
Policy No. :
THE COMPANY :
Period of Insurance:
From ..... o’ clock on…. .... to midnight on .............
For For
Vehicle Accessories
not
included in
Rs. Manufactur
er’s listed
selling
price
Rs.
I N S U R E D’S D E CLAR E D V A L U E
Policy No.
For the Vehicle For side-car Non electrical Electrical/ Electronic Value of Total
accessories accessories CNG/ LPG kit Value
Rs Rs Rs Rs Rs Rs
LIMITATIONS AS TO USE :
cxxxvii
The Policy covers use of the vehicle for any purpose other than:
a)Hire or Reward
b)Carriage of goods (other than samples or personal luggage)
c)Organized racing
d)Pace making
e)Speed testing
f)Reliability Trials
g)Any purpose in connection with Motor Trade
DRIVER :
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license .
Provided also that the person holding an effective Learner’s License may also drive the
vehicle and that such a person satisfies the requirements of Rule 3 of the Central Motor
Vehicles Rules, 1989.
Limits of Liability
Under Section II-1 (i) of the policy - Death of or bodily injury - Such amount as is
necessary to meet the requirements of the Motor Vehicles Act , 1988.
Under Section II - 1(ii) of the policy -Damage to Third Party Property - Rs ……../-*
P.A. Cover for Owner – Driver under section III (CSI) - Rs……..
No Claim Bonus
The insured is entitled for a No Claim Bonus (NCB) on the Own Damage section of the
policy, if no claim is made or pending during the preceding year (s), as per the following
table:
No Claim Bonus will only be allowed provided the policy is renewed within 90 days of
the expiry date of the previous policy.
in Witness whereof this Policy has been signed at ................... this ...........day
of .................................. in lieu of cover Note No. .................
Date ......................................
Receipt No. ............................Date .............................
IMPORTANT NOTICE
The insured is not indemnified if the vehicle is used or driven otherwise than in
accordance with this Schedule. Any payment made by the Company by reason of wider
terms appearing in the Certificate in order to comply with the Motor Vehicle Act, 1988 is
recoverable from the insured. See the clause headed "AVOIDANCE OF CERTAIN
TERMS AND RIGHT OF RECOVERY".
cxxxix
Place of Chassis Body Rs.
Registration No
Driver
Any person including insured:
Provided that a person driving holds an effective Driving License at the time of the
accident and is not disqualified from holding or obtaining such a license .
Provided also that the person holding an effective Learner’s License may also drive the
vehicle and that such a person satisfies the requirements of Rule 3 of the Central Motor
Vehicles Rules, 1989.
LIMITATIONS AS TO USE
The Policy covers use of the vehicle for any purpose other than:
a. Hire or Reward
b. Carriage of goods (other than samples or personal luggage)
c. Organized racing
d. Pace making
e. Speed testing
f. Reliability Trials
g. Any purpose in connection with Motor Trade
I./We hereby certify that the Policy to which this Certificate relates as well as this
Certificate of Insurance are issued in accordance with the provisions of Chapter X and
Chapter XI of M.V. Act, 1988.
cxl
STANDARD FORM FOR COMMERCIAL VEHICLES PACKAGE POLICY
WHEREAS the insured by a proposal and declaration dated as stated in the Schedule
which shall be the basis of this contract and is deemed to be incorporated herein has
applied to the Company for the insurance hereinafter contained and has paid the
premium mentioned in the schedule as consideration for such insurance in respect of
accidental loss or damage occurring during the period of insurance.
Subject to a deduction for depreciation at the rates mentioned below in respect of parts
replaced :
1. For all rubber/nylon/plastic parts, tyres, tubes, batteries and air bags - 50%
1. For fibre glass components - 30%
2. For all parts made of glass - Nil
4. Rate of depreciation for all other parts including wooden parts will be as per the
following schedule
cxli
2. The Company shall not be liable to make any payment in respect of
(a) consequential loss, depreciation, wear and tear, mechanical or electrical breakdown,
failures or breakages nor for damage caused by overloading or strain of the insured
vehicle nor for loss of or damage to accessories by burglary, housebreaking or theft
unless such insured vehicle is stolen at the same time.
(b) damage to Tyres and Tubes unless the vehicle insured is damaged at the same time in
which case the liability of the company shall be limited to 50% of the cost of
replacement.
(c) any accidental loss or damage suffered whilst the insured or any person driving with
the knowledge and consent of the insured is under the influence of intoxicating liquor
or drugs.
3. In the event of the vehicle being disabled by reason of loss or damage covered
under this Policy the Company will bear the reasonable cost of protection and
removal to the nearest repairer and re-delivery to the insured but not exceeding Rs.
750/- for three wheeled vehicles, Rs. 1500/- for taxis and Rs.2500/- for other
commercial vehicles in respect of any one accident.
4. The insured may authorise the repair of the vehicle necessitated by loss or damage
for which the company may be liable under this Policy provided that :-
(a) the estimated cost of such repair including replacements does not exceed
Rs.500/-
(b) the Company is furnished forthwith with a detailed estimate of the cost of
repairs ; and
(c) the insured shall give the Company every assistance to see that such repair is
necessary and the charges are reasonable.
The Insured’s Declared Value (IDV) of the vehicle will be deemed to be the ‘SUM
INSURED’ for the purpose of this policy which is fixed at the commencement of each
policy period for the insured vehicle.
The IDV of the vehicle (and accessories if any fitted to the vehicle) is to be fixed on the
basis of the manufacturer’s listed selling price of the brand and model as the insured
vehicle at the commencement of insurance/renewal and adjusted for depreciation (as per
schedule below).
The schedule of age-wise depreciation as shown below is applicable for the purpose of
Total Loss/Constructive Total Loss (TL/CTL) claims only.
cxlii
THE SCHEDULE OF DEPRECIATION FOR FIXING IDV OF THE
VEHICLE
IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles ( i.e.
models which the manufacturers have discontinued to manufacture) is to be determined
on the basis of an understanding between the insurer and the insured.
IDV will be treated as the ‘Market Value’ throughout the policy period without any
further depreciation for the purpose of Total Loss (TL) / Constructive Total Loss (CTL)
claims
The insured vehicle will be treated as a CTL if the aggregate cost of retrieval and / or
repair of the vehicle, subject to terms and conditions of the policy, exceeds 75% of the
IDV of the vehicle.
1. Subject to the limits of liability as laid down in the Schedule hereto the Company
will indemnify the insured in the event of an accident caused by or arising out of the
use of the vehicle against all sums including claimant's cost and expenses which the
insured shall become legally liable to pay in respect of
i) death of or bodily injury to any person caused by or arising out of the use (including
the loading and/or unloading) of the vehicle.
ii) damage to property caused by the use (including the loading and/or unloading) of
the vehicle.
cxliii
PROVIDED ALWAYS THAT :-
(a) The Company shall not be liable in respect of death, injury damage caused or arising
beyond the limits of any carriage way or thoroughfare in connection with the bringing
of the load to the insured vehicle for loading thereon or the taking away of the load from
the insured vehicle after unloading there from.
(b) Except so far as is necessary to meet the requirements of the Motor Vehicle Act the
Company shall not be liable in respect of death or bodily injury to any person in the
employment of the insured arising out of and in the course of such employment.
(c) Except so far as is necessary to meet the requirements of the Motor Vehicle Act in
relation to the liability under the Workmen's Compensation Act 1923 the Company shall
not be liable in respect of death or bodily injury to any person (other than a passenger
carried by reason of or in pursuance of a contract of employment) being carried in or
upon entering or mounting or alighting from the insured vehicle at the time of
occurrence of the event out of which any claim arises.
(d) The Company shall not be liable in respect of damage to property belonging to
or held in trust by or in the custody of the insured or a member of the insured's household
or being conveyed by the insured vehicle.
(e) The Company shall not be liable in respect of damage to any bridge and/or
viaduct and/or to any road and/or anything beneath by vibration or by the weight of the
insured vehicle and/or load carried by the insured vehicle.
(f) Except so far as is necessary to meet the requirements of the Motor Vehicles Act the
Company shall not be liable in respect of death and/or bodily injury to any person(s)
who is/are not employee(s) of the insured and not being carried for hire or reward, other
than owner of the goods or representative of the owner of goods being carried in or upon
or entering or mounting or alighting from the insured vehicle described in the Schedule
of this Policy.
2. The Company will pay all costs and expenses incurred with its written consent.
The policy shall be operative whilst the insured vehicle is being used for the purpose of
towing any one disabled mechanically propelled vehicle and the indemnity provided
by Section II of this policy shall subject to its terms and limitations be extended to
apply in respect of liability in connection with such towed vehicle;
(b) the Company shall not be liable by reason of this section of this policy in respect of
damage to such towed vehicle or property being conveyed thereby.
Subject otherwise to the terms exceptions conditions and limitations of this policy, the
Company undertakes to pay compensation as per the following scale for bodily injury/
death sustained by the owner-driver of the vehicle in direct connection with the vehicle
insured or whilst mounting into/dismounting from or traveling in the insured vehicle as
a co-driver, caused by violent accidental external and visible means which independent of
any other cause shall within six calendar months of such injury result in:
1) the compensation shall be payable under only one of the items (i) to (iv) above in
respect of the owner-driver arising out of any one occurrence and the total liability
of the insurer shall not in the aggregate exceed the sum of Rs. 1 lakh during any
one period of insurance.
2) no compensation shall be payable in respect of death or bodily injury directly or
indirectly wholly or in part arising or resulting from or traceable to (a) intentional
cxlv
self injury suicide or attempted suicide physical defect or infirmity or (b) an
accident happening whilst such person is under the influence of intoxicating
liquor or drugs.
(a) the owner-driver is the registered owner of the vehicle insured herein;
(e) the owner-driver holds an effective driving license, in accordance with the
provisions of Rule 3 of the Central Motor Vehicles Rules, 1989, at the time of
the accident
Nothing in this policy or any endorsement hereon shall affect the right of any person
indemnified by this policy or any other person to recover an amount under or by virtue
of the provisions of the Motor Vehicles Act, 1988.
But the insured shall repay to the Company all sums paid by the Company which the
Company would not have been liable to pay but for the said provision.
GENERAL EXCEPTIONS
(1) any accidental loss or damage and/or liability caused sustained or incurred outside
the geographical area;
(3) any accidental loss damage and/or liability caused sustained or incurred whilst the
vehicle insured herein is
(a) being used otherwise than in accordance with the ‘Limitations as to Use’
or
(b) being driven by or is for the purpose of being driven by him/her in the charge of
any person other than a Driver as stated in the Driver's Clause.
(4) (a) any accidental loss or damage to any property whatsoever or any loss or expense
whatsoever resulting or arising there from or any consequential loss.
cxlvi
(b) any liability of whatsoever nature directly or indirectly caused by or contributed to
by or arising from ionising radiations or contamination by radioactivity from any
nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the
purposes of this exception combustion shall include any self sustaining process of
nuclear fission.
DEDUCTIBLE
The Company shall not be liable for each and every claim under Section -I (loss of or
damage to the vehicle insured) of this Policy in respect of the deductible stated in the
schedule.
CONDITIONS
This policy and the schedule shall be read together and any word or expression to which
a specific meaning has been attached in any part of this policy or of the schedule shall
bear the same meaning wherever it may appear.
1. Notice shall be given in writing to the Company immediately upon the occurrence of
any accidental loss or damage and in the event of any claim and thereafter the insured
shall give all such information and assistance as the Company shall require. Every letter
claim writ summons and/or process or copy thereof shall be forwarded to the Company
immediately on receipt by the insured. Notice shall also be given in writing to the
Company immediately the insured shall have knowledge of any impending prosecution
Inquest or Fatal Inquiry in respect of any occurrence which may give rise to a claim
under this policy. In case of theft or criminal act which may be the subject of a claim
under this policy the insured shall give immediate notice to the police and co-operate
with the company in securing the conviction of the offender.
3. At any time after the happening of any event giving rise to a claim under Section II
of this Policy the Company may pay to the insured the full amount of the Company's
liability under the Section and relinquish the conduct of any defence settlement or
proceedings and the Company shall not be responsible for any damage alleged to have
been caused to the insured in consequence of any alleged action or omission of the
Company in connection with such defence settlement or proceedings or of the
Company relinquishing such conduct; nor shall the Company be liable for any costs or
expenses whatsoever incurred by the insured or any claimant or other person after the
Company shall have relinquished such conduct.
4.The Company may at its own option repair reinstate or replace the vehicle insured or
part thereof and/or its accessories or may pay in cash the amount of the loss or damage
and the liability of the Company shall not exceed:
(a) for total loss / constructive total loss of the vehicle - the Insured's Declared Value
(IDV) of the vehicle (including accessories thereon) as specified in the Schedule less the
value of the wreck.
(b) for partial losses, i.e. losses other than Total Loss/Constructive Total Loss of the
vehicle - actual and reasonable costs of repair and/or replacement of parts lost/damaged
subject to depreciation as per limits specified.
5. The Insured shall take all reasonable steps to safeguard the vehicle insured from
loss or damage and to maintain it in efficient condition and the Company shall have at all
times free and full access to examine the vehicle insured or any part thereof or any driver
or employee of the insured. In the event of any accident or breakdown, the vehicle
insured shall not be left unattended without proper precautions being taken to prevent
further damage or loss and if the vehicle insured be driven before the necessary repairs
are effected, any extension of the damage or any further damage to the vehicle shall be
entirely at the insured's own risk.
6 The Company may cancel the policy by sending seven days notice by recorded delivery
to the insured at insured’s last known address and in such event will return to the insured
the premium paid less the pro rata portion thereof for the period the Policy has been in
force or the policy may be cancelled at any time by the insured on seven days’ notice by
recorded delivery and provided no claim has arisen during the currency of the policy, the
insured shall be entitled to a return of premium less premium at the Company's Short
Period rates for the period the Policy has been in force. Return of the premium by the
company will be subject to retention of the minimum premium of Rs.100/- (or Rs.25/- in
respect of vehicles specifically designed/modified for use by blind/handicapped/mentally
challenged persons). Where the ownership of the vehicle is transferred, the policy cannot
be cancelled unless evidence that the vehicle is insured elsewhere is produced.
7. If any dispute or difference shall arise as to the quantum to be paid under the policy
(liability being otherwise admitted), such difference shall independent of all other
cxlviii
questions be referred to the decision of a sole arbitrator to be appointed in writing by the
parties to the dispute or if they cannot agree upon a single arbitrator within 30 days of any
party invoking Arbitration, the same shall be referred to a panel of three arbitrators
comprising two arbitrators one to be appointed by each of the parties to the
dispute/difference, and a third arbitrator to be appointed by such two arbitrators who shall
act as the presiding arbitrator and the arbitration shall be conducted in accordance with
the provisions of the Arbitration & Conciliation Act,1996.
It is hereby expressly stipulated and declared that it shall be condition precedent to any
right of action or suit upon this policy that the award by such arbitrator/arbitrators of the
amount of the loss or damage shall be first obtained.
It is also hereby further expressly agreed and declared that if the Company shall
disclaim liability to the insured for any claim hereunder and such claim shall not,
within twelve calendar months from the date of such disclaimer have been made the
subject matter of a suit in a court of law, then the claim shall for all purposes be deemed
to have been abandoned and shall not thereafter be recoverable hereunder.
8. The due observance and fulfillment of the terms conditions and endorsements 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 condition precedent
to any liability of the Company to make any payment under this policy.
9. If at the time of occurrence of an event that gives rise to any claim under this policy,
there is in existence any other insurance covering the same loss, damage or liability, the
Company shall not be liable to pay or contribute more than its ratable proportion of any
compensation cost or expense
10. 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 heir(s)
of the insured to whom the custody and use of the Motor Vehicle passes may apply to
have this policy transferred to the name(s) of the heir(s) or obtain a new insurance policy
for the Motor Vehicle.
Where such legal heir(s) desire(s) 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:-
cxlix
RULES APPLICABLE TO TANKERS CARRYING HAZARDOUS CHEMICALS
Rule 129- A- Spark arrester six month from the date of commencement of Central Motor
Vehicles (Amendment) Rules 1993, every goods carriage carrying goods of dangerous or
hazardous nature to human life, shall be fitted with a spark arrester.
(a) the goods carriage has a valid registration to carry the said goods;
(b) the vehicle is equipped with necessary first-aid, safety equipment and antidotes as
may be necessary to contain any accident;
(c) that transporter or the owner of the goods carriage has full and adequate information
about the dangerous or hazardous goods being transported; and
(d) that the driver of the goods carriage is trained in handling the dangers posed during
transport of such goods.
(2) Every consignor shall supply to the owner of the goods carriage, full and adequate
information about the dangerous or hazardous goods being transported as to enable owner
and its driver to
(a) Comply with the requirements of rules 129 to 137 (both inclusive) of these rules and
(b) be aware of the risks created by such goods to health or safety or any person;
(3) It shall be the duty of the consignor to ensure that the information is accurate and
sufficient for the purpose of complying with the provisions of rules 129 to 137 (both
inclusive ) of these rules.
(1) It shall be the responsibility of the owner of the goods carriage transporting any
dangerous or hazardous goods ensure the following, namely:-
(a) that the goods carriage has a valid registration to carry the said goods and the said
carriage is safe for the transport of the said goods and
(b) the vehicle is equipped with necessary first-aid, safety equipment, tool box and
antidotes as may be necessary to contain any accident.
(2) Every owner of a goods carriage shall, before undertaking the transportation of
dangerous or hazardous goods in his goods carriage, satisfy himself that the information
cl
given by the consignor is full and accurate in all respects and correspond to the
classification of such goods specified in rule 137.
(3) The owner of goods carriage shall ensure that the driver of such carriage is given all
the relevant information in writing as given in goods entrusted to him for transport and
satisfy himself that such driver has sufficient understanding of the nature of such goods
and the nature of the risks involved in the transport of such goods and is capable of taking
appropriate action in case of an emergency.
(4) The owner of the goods carriage dangerous or hazardous goods and the consignor of
such goods shall lay down the route for each trip which the driver shall be bound to take
unless directed or permitted otherwise by the Police Authorities. They shall also fix a
time table for each trip to the destination and back with reference to the route so laid
down.
(5) it shall be the duty of the owner to ensure that the driver of the goods carriage
carrying dangerous or hazardous goods holds a driving license as per provisions of rule 9
of these rules.
(6) Notwithstanding anything contained in rules 131 and 132, it shall be sufficient
compliance of the provisions of these rules if the consignor transporting dangerous or
hazardous goods and the owner of the goods carriage or the transporter abide by these
conditions within six month after the date of coming into force of the Central Motor
Vehicles (Amendment) Rules,1993.
(1) The driver of a goods carriage transporting dangerous or hazardous goods shall
ensure that the information given to him in writing under sub-rule(3) of rule 132 is kept
in the driver's cabin and is available at all times while the dangerous or hazardous goods
to which it relates, are being transported.
2) Every driver of a goods carriage transporting any dangerous or hazardous goods shall
observe at all times all the directions necessary for preventing fire, explosion or escape of
dangerous or hazardous goods carried by him while the goods carriage is in motion and
when it is not being driven he shall ensure that the goods carriage is parked in a place
which is safe from fire, explosion and any other risk, and at all times the vehicle remains
under the control and supervision of the driver or some other competent person above the
age of 18 years.
(1) One year from the date of commencement of Central Motor Vehicles (Amendment)
Rules, 1993 any person driving a goods carriage carrying goods of dangerous or
hazardous nature to human life shall, in addition to being the holder of a driving license
to drive a transport vehicle also have the ability to read and write at least one Indian
Language out of those specified in the VII schedule of the Constitution and English and
also possess a certificate of having successfully passed a course consisting of following
cli
syllabus and periodicity connected with the transport of such goods.
Syllabus
A) Defensive driving
(i) Discussion
C) Product safety
cliii
SCHEDULE
Policy No.
THE COMPANY :
Carrying on or engaged in the business or occupation of and no other for the purposes
of this Insurance
Period of insurance : From -----‘o’ clock on ------- to midnight on ------
The vehicle :
cliv
I N S U R E D’S D E CLAR E D V A L U E
Policy No.
For the Vehicle For trailers Non electrical Electrical/ Electronic Value of Total
accessories accessories CNG/ LPG kit Value
Rs Rs Rs Rs Rs Rs
Driver
i) Persons or classes of persons entitled to drive
Under Section II-1 (i) of the policy - Death of or bodily injury - Such amount as
is necessary to meet the requirements of theMotor Vehicles Act , 1988.
Under Section II - 1(ii) of the policy -Damage to Third Party Property - Rs……. /*
No Claim Bonus
The insured is entitled for a No Claim Bonus (NCB) on the Own Damage section
of the policy, if no claim is made or pending during the preceding year (s), as per the
following table:
No Claim Bonus will only be allowed provided the policy is renewed within 90 days of
the expiry date of the previous policy.
clvi
GOODS CARRYING VEHICLE
in Witness whereof this Policy has been signed at ................... this ...........day
of .................................. in lieu of cover Note No. .................
Date ......................................
Receipt No. ............................Date .............................
IMPORTANT NOTICE
The Insured is not indemnified if the vehicle is used or driven otherwise than in
accordance with this Schedule. Any payment made by the Company by reason of wider
terms appearing in the Certificate in order to comply with the Motor Vehicle Act, 1988 is
recoverable from the Insured. See the clause headed "AVOIDANCE OF CERTAIN
TERMS AND RIGHT OF RECOVERY".
For Legal interpretation, English version will hold good.
clvii
PASSENGER CARRYING VEHICLE
PREMIUM COMPUTATION TABLE
(Insurers to give here details of computation of the premium. A specimen premium
computation table is given at the end of this section)
in Witness whereof this Policy has been signed at ................... this ...........day
of .................................. in lieu of cover Note No. .................
Date ......................................
Receipt No. ............................Date .............................
IMPORTANT NOTICE
The Insured is not indemnified if the vehicle is used or driven otherwise than in
accordance with this Schedule. Any payment made by the Company by reason of wider
terms appearing in the Certificate in order to comply with the Motor Vehicle Act, 1988 is
recoverable from the Insured. See the clause headed "AVOIDANCE OF CERTAIN
TERMS AND RIGHT OF RECOVERY".
For Legal interpretation, English version will hold good.
clviii
MISCELLANEOUS AND SPECIAL TYPE OF VEHICLE
in Witness whereof this Policy has been signed at ................... this ...........day
of .................................. in lieu of cover Note No. .................
Date ......................................
Receipt No. ............................Date .............................
IMPORTANT NOTICE
The Insured is not indemnified if the vehicle is used or driven otherwise than in
accordance with this Schedule. Any payment made by the Company by reason of wider
terms appearing in the Certificate in order to comply with the Motor Vehicle Act, 1988 is
recoverable from the Insured. See the clause headed "AVOIDANCE OF CERTAIN
TERMS AND RIGHT OF RECOVERY".
For Legal interpretation, English version will hold good.
clix
CERTIFICATE OF INSURANCE
CERTIFICATE OF INSURANCE
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license. Provided also
that the person holding an effective learner’s license may also drive the vehicle when not
used for the transport of goods at the time of the accident and that such a person satisfies
the requirements of Rule 3 of the Central Motor Vehicles Rules 1989.
LIMITATIONS AS TO USE
The Policy covers use only under a permit within the meaning of the Motor Vehicle Act,
1988 or such a carriage falling under Sub-section 3 of Section 66 of the Motor Vehicle’s
Act 1988.
a) Organised racing
b) Pace Making
c) Reliability Trials
d) Speed Testing
I/We hereby certify that the Policy to which the certificate relates as well as
clx
this certificate of insurance are issued in accordance with the provision of Chapter X and
Chapter XI of M.V. Act, 1988.
Date of issue
CERTIFICATE OF INSURANCE
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license.
Provided also that the person holding an effective learner’s license may also drive the
vehicle when not used for the transport of passengers at the time of the accident and that
such a person satisfies the requirements of Rule 3 of the Central Motor Vehicles Rules,
1989.
LIMITATIONS AS TO USE
The Policy covers use only under a permit within the meaning of the Motor Vehicle Act
clxi
1988 or such a carriage falling under Sub-Section (3) of Section 66 of the Motor
Vehicle’s Act 1988
I/We hereby certify that the Policy to which the certificate relates as well as this
certificate of insurance are issued in accordance with the provision of Chapter X and
Chapter XI of M.V. Act, 1988.
Date of issue
I/We hereby certify that the Policy to which the certificate relates as well as this
certificate of insurance are issued in accordance with the provision of Chapter X and
Chapter XI of M.V. Act, 1988.
Date of issue
clxiii
STANDARD FORM FOR MOTOR TRADE PACKAGE POLICY
Whereas the insured by a proposal and declaration dated as stated in the Schedule
which shall be the basis of this contract and is deemed to be incorporated herein has
applied to the Company for the insurance hereinafter contained and has paid the
premium mentioned in the schedule as consideration for such insurance in respect of
accidental loss or damage occurring during the period of insurance:
That in respect of accidental loss or damage occurring during the period of insurance
whilst insured vehicle is in a public place or is temporarily garaged during the course of a
journey elsewhere than in or on any premises owned by or in the occupation of the
insured and subject to the Terms Exceptions and Conditions contained herein or
endorsed or expressed hereon,
1. The Company will indemnify the insured against loss or damage to the vehicle
insured hereunder and/or its accessories whilst thereon.
Subject to a deduction for depreciation at the rates mentioned below in respect of parts
replaced :
1. For all rubber/ nylon / plastic parts, tyres and tubes, batteries and air bags - 50%
4. Rate of depreciation for all other parts including wooden parts will be as per the
following schedule.
clxiv
AGE OF VEHICLE % OF DEPRECIATION
Provided ALWAYS that the Company shall not be liable to make any payment in
respect of
(b) damage to tyres and tubes unless the vehicle insured is damaged at the same time in
which case the liability of the Company is limited to 50% of the cost of the replacement.
and
(c) any accidental loss or damage suffered whilst the insured or any person driving the
vehicle with the knowledge and consent of the insured is under the influence of
intoxicating liquor or drugs.
In the event of the vehicle insured being disabled by reason of loss or damage covered
under this Policy the Company will bear the cost of protection and removal to the
nearest repairer and redelivery to the insured but not exceeding Rs. 150 in respect of
any one accident.
The Insured's Declared Value (IDV) of the vehicle will be deemed to be the 'SUM
INSURED' for the purpose of this tariff and it will be fixed at the commencement of each
policy period for each insured vehicle.
The IDV of the vehicle is to be fixed on the basis of manufacturers' listed selling price of
the brand and model as the vehicle proposed for insurance at the commencement of
insurance /renewal, and adjusted for depreciation (as per schedule specified below). The
IDV of the side car(s) and / or accessories, if any, fitted to the vehicle but not included in
the manufacturer's listed selling price of the vehicle is also likewise to be fixed.
The schedule of age-wise depreciation as shown below is applicable for the purpose of
Total Loss/ Constructive Total Loss (TL/ CTL) claims only. A vehicle will be considered
to be a CTL, as referred to above, where the aggregate cost of retrieval and / or repair
clxv
of the vehicle subject to terms and conditions of the policy exceeds 75% of the IDV.
The depreciation for replacement of parts in partial loss claims will be as per a separate
schedule specified under GR.9.
NOTE: IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles (
i.e. models which the manufacturers have discontinued to manufacture) is to be
determined on the basis of an understanding between the insurer and the insured.
IDV shall be treated as the ‘Market Value’ throughout the policy period without any
further depreciation for the purpose of Total Loss(TL)/ Constructive Total Loss(CTL)
claims.
For the purpose of TL/CTL claim settlement this IDV will not change during the
currency of the policy period in question. It is clearly understood that the liability of the
insurer shall in no case exceed the IDV as specified in the policy schedule less the value
of the wreck, in 'as is where is' condition.
1. Subject to the limits of liability as laid down in the Schedule hereto the Company
will indemnify the insured in the event of an accident caused by or arising out of the
use of the vehicle against all sums including claimant's costs and expenses which the
insured shall become legally liable to pay in respect of:
i) death of or bodily injury to any person caused by or arising out of the use (including
the loading and/or unloading) of the vehicle.
ii) damage to property caused by the use (including the loading and/or unloading) of the
vehicle.
clxvi
PROVIDED ALWAYS THAT
(a) The Company shall not be liable in respect of death, injury, or damage caused or
arising beyond the limits of any carriageway or thoroughfare in connection with the
bringing of the load to the vehicle insured for loading thereon or the taking away of the
load from the vehicle insured after unloading there from.
(b) Except so far as is necessary to meet the requirements of the Motor Vehicles Act,
1988, the Company shall not be liable in respect of death of or bodily injury to any
person in the employment of the Insured arising out of and in the course of such
employment.
(c) Except so far as is necessary to meet the requirements of the Motor Vehicles Act,
1988, in relation to liability under the Workmen's Compensation Act, 1923, the
Company shall not be liable in respect of death of or bodily injury to any person
(other than a passenger carried by reason of or in pursuance of a contract of
employment) being carried in or upon entering or mounting or alighting from the
vehicle insured at the time of occurrence of the event out of which any claim arises.
(d) The Company shall not be liable in respect of damage to property belonging to or
held in trust by or in the custody or in the control of the insured or a member of the
insured's household or being conveyed by the insured vehicle.
(e) The Company shall not be liable in respect of damage to any bridge and/or way
bridge and/or via duct and/or to any road and/or any thing beneath by vibration or by the
weight of the insured vehicle and/or load carried by the insured vehicle.
2. The Company will pay all costs and expenses incurred with its written consent
3. In terms of and subject to the limitations of the indemnity granted by this section to
the insured the Company will indemnify any driver provided that such driver;
(b) shall as though he were the insured observe fulfill and be subject to the terms
exceptions and conditions of this policy in so far as they apply
(b) undertake the defence of proceedings in any court of law in respect of any act or
alleged offence causing or relating to any event which may be the subject of indemnity
under this section.
5. In the event of the death of any person entitled to indemnity under this policy the
company will in respect of the liability incurred by such person indemnify his personal
clxvii
representative(s) in the terms of and subject to the limitations of this policy provided
that such personal representatives shall as though they were the insured observe fulfill
and be subject to the terms exceptions and conditions of this Policy in so far as they
apply.
The insurance by Section I and II of this policy shall extend to any vehicle (mechanically
propelled or otherwise) attached to the insured vehicle for the purpose of being towed
(b) the Company shall not be liable under this policy in respect of damage to property
conveyed by the towed vehicle
(c) the Company shall not be liable under this policy in respect of accident loss
damage and/or liability caused sustained or incurred whilst the insured vehicle is
towing a greater number of vehicles than is permitted by law.
Nothing in this policy or any endorsement hereon shall affect the right of any person
indemnified by this policy or any other person to recover an amount under or by virtue
of the provisions of the Motor Vehicles Act, 1988.
But the insured shall repay to the Company all sums paid by the Company which
the Company would not have been liable to pay but for the said provision
In the event of any accident involving indemnity to more than one person, any
limitation by the terms of this policy and/or of any endorsement hereon of the amount
of any indemnity shall apply to the aggregate amount of indemnity to all persons
indemnified and such indemnity shall apply in priority to the insured.
GENERAL EXCEPTIONS
(1) any accidental loss damage and/or liability caused sustained or incurred outside the
geographical area
(3) any accidental loss damage and/or liability caused sustained or incurred whilst the
clxviii
vehicle insured herein is
(a) being used otherwise than in accordance with the ‘Limitations as to Use’
or
(b) being driven by or is for the purpose of being driven by him in the charge of
any person other than a driver
(4) (a) any accidental loss or damage to any property whatsoever or any loss or expense
whatsoever resulting or arising there from or any consequential loss
(5) any accidental loss damage or liability directly or indirectly caused by or contributed
to by or arising from nuclear weapons material.
The Company shall not be liable in respect of any accidental loss damage and/or
liability directly or indirectly proximately or remotely occasioned by contributed to
by or traceable to or arising out of or in connection with war, invasion, the act of
foreign enemies, hostilities or war like operations (whether before or after declaration of
war) civil war, mutiny, rebellion, military or usurped power or by any direct or indirect
consequences of any of the said occurrences and except under Section II - I (i) of
this policy whilst the insured or any person driving with the general knowledge and
consent of the insured is under the influence of intoxicating liquor or drugs and in the
event of any claim hereunder the insured shall prove that the accidental loss damage
and/or liability arose independently of and was in no way connected with or occasioned
by or contributed to by or traceable to any of the said occurrences or any consequence
thereof and in default of such proof the Company shall not be liable to make any payment
in respect of such a claim.
DEDUCTIBLE
The Company shall not be liable for each and every claim under Section -1 (loss of or
damage to the vehicle insured) of this Policy in respect of the deductible stated in the
schedule.
CONDITIONS
This Policy and the Schedule shall be read together and any word or expression to
which a specific meaning has been attached in any part of this Policy or of the Schedule
shall bear the same meaning wherever it may appear.
1. Notice shall be given in writing to the company immediately upon the occurrence of
clxix
any accidental loss or damage and in the event of any claim and thereafter the insured
shall give all such information and assistance as the Company shall require. Every letter
claim writ summons and/or process shall be forwarded to the Company immediately on
receipt by the insured. Notice shall also be given in writing to the Company
immediately the insured shall have knowledge of any impending Prosecution Inquest or
Fatal Inquiry in respect of any occurrence which may give rise to a claim under this
policy. In case of theft or other criminal act which may be the subject of a claim under
this policy the insured shall give immediate notice to the Police and cooperate with the
Company in securing the conviction of the offender.
3. At any time after the happening of any event giving rise to a claim or series of claim
under sub-section I (ii) of Section II of this policy the Company may pay to the insured
the full amount of the Company's liability under that Sub-Section and relinquish the
conduct of any defence settlement or proceedings and the Company shall not be
responsible for any damage alleged to have been caused to the insured in consequence
of any alleged action or omission of the Company in connection with such defence
settlement or proceedings or of the Company relinquishing such conduct nor shall the
Company be liable for any costs or expenses whatsoever incurred by the insured or any
claimant or other person after the Company shall have relinquished such conduct.
4. The Company may at its own option repair reinstate or replace the vehicle or part
thereof and/or its accessories or may pay in cash the amount of the loss or damage and
the liability of the Company shall not exceed:
(a) for total loss / constructive total loss of the vehicle - the Insured's Declared Value
(IDV) of the vehicle (including accessories thereon) as specified in the Schedule less the
value of the wreck.
(b) for partial losses, i.e. losses other than Total Loss/Constructive Total Loss of the
vehicle - actual and reasonable costs of repair and/or replacement of parts lost/damaged
subject to depreciation as per limits specified.
5. The Insured shall take all reasonable steps to safeguard the vehicle insured from loss
or damage and to maintain it in efficient condition and the Company shall have at all
times free and full access to examine the insured vehicle or any part thereof or any
driver or employee of the insured. In the event of any accident or breakdown the
insured vehicle shall not be left unattended without proper precautions being taken to
prevent further damage or loss and if the vehicle be driven before the necessary repairs
are effected, any extension of the damage or further damage to the vehicle shall be
entirely at the insured's own risk.
clxx
6 The Company may cancel the policy by sending seven days notice by recorded
delivery to the insured at insured’s last known address and in such event will return to the
insured the premium paid less the pro rata portion thereof for the period the Policy has
been in force or the policy may be cancelled at any time by the insured on seven days’
notice by recorded delivery and provided no claim has arisen during the currency of the
policy, the insured shall be entitled to a return of premium less premium at the
Company's Short Period rates for the period the Policy has been in force. Return of the
premium by the company will be subject to retention of the minimum premium of
Rs.100/- (or Rs.25/- in respect of vehicles specifically designed/modified for use by
blind/handicapped/mentally challenged persons). Where the ownership of the vehicle is
transferred, the policy cannot be cancelled unless evidence that the vehicle is insured
elsewhere is produced.
7 If at the time any claim arises under this policy there is any other existing insurance
covering the same loss damage or liability the Company shall not be liable to pay or
contribute more than its rateable proportion of any loss damage compensation costs or
expenses provided always that nothing in this condition shall impose on the Company
any liability from which but for this condition it would have been relieved under proviso
3(a) of Section II of this policy.
8 If any dispute or difference shall arise as to the quantum to be paid under this
policy , (liability being otherwise admitted) such difference shall independently of all
other questions be referred to the decision of a sole arbitrator to be appointed in
writing by the parties to or if they cannot agree upon a single arbitrator within 30 days
of any party invoking Arbitration, the same shall be referred to a panel of three
arbitrators, comprising of two arbitrators-one to be appointed by each of the parties to the
dispute / difference and a third arbitrator to be appointed by such two arbitrators who
shall act as the presiding arbitrator and Arbitration shall be conducted under and in
accordance with the provisions of the Arbitration and Conciliation Act, 1996.
It is hereby expressly stipulated and declared that it shall be condition precedent to any
right of action or suit upon this policy that the award by such arbitrator/ arbitrators of
the amount of the loss or damage shall be first obtained.
It is also hereby further expressly agreed and declared that if the Company shall
disclaim liability to the insured for any claim hereunder and such claim shall not,
within twelve calendar months from the date of such disclaimer have been made the
subject matter of a suit in a court of law, then the claim shall for all purposes be deemed
to have been abandoned and shall not thereafter be recoverable hereunder.
9. The due observance and fulfillment of the terms conditions and endorsements 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
clxxi
to any liability of the Company to make any payment under this policy.
Date of Issue
SCHEDULE
Policy No.
THE COMPANY :
Geographical Area :
a) Under Section II - 1 (i) INDIA
b) Under all other Sections --- INDIA, but subject to a radius of 160 kms
from the insured's address mentioned on the Policy.
The Motor Vehicle : Any Motor Vehicle the property of the Insured or in his custody
or control whilst bearing Trade Certificate No.__________ . All steam driven
vehicles are excluded.
Public Place: A public place in India within the meaning of the Motor Vehicles
Act, 1988.
Limits of Liability :
Under Section I - 1 - Rs. __________
Under Section II-1 (i) of the Package policy - Death of or bodily injury - Such
amount as is necessary to ( Under section I of the Liability only policy)
meet the requirements of the Motor Vehicles Act , 1988.
Limitations as to use :
Provided that a person driving holds an effective driving license at the time of the
accident and is not disqualified from holding or obtaining such a license.
Provided also that the person holding an effective Learner’s license may also drive the
vehicle and that such a person satisfies the requirements of Rule 3 of the Central Motor
Vehicles Rules, 1989.
IMPORTANT NOTICE
The insured is not indemnified if the vehicle is used or driven otherwise than
in accordance with this Schedule. Any payment made by the Company by reason of
wider terms appearing in Certificate in order to comply with the Motor Vehicle Act,
1988 is recoverable from the insured. See the Clause headed “AVOIDANCE OF
CERTAIN TERMS AND RIGHT OF RECOVERY”.
clxxiii
STANDARD POLICY FORM FOR MOTOR TRADE INTERNAL
RISKS
Whereas the insured by a proposal and declaration dated as stated in the Schedule
which shall be the basis of this contract and is deemed to be incorporated herein has
applied to the Company for the insurance hereinafter contained and has paid the
premium mentioned in the schedule as consideration for such insurance in respect of
accidental loss or damage occurring during the period of insurance:
SECTION I - DAMAGE
Subject to the Limits of liability the Company will indemnify the insured against
damage to any insured vehicle (including its accessories whilst thereon) the property of
the insured or any member of the insured's family or household caused by accidental,
external and visible means and occurring in or on the premises.
The Company may at its own option repair, reinstate or replace such vehicle or any
part thereof or its accessories or may pay in cash the amount of the damage.
EXCEPTIONS TO SECTION I
Subject to the Limits of liability as laid down in the Schedule hereto the Company
will indemnify the insured against all sums including claimant's costs and expenses
which the insured shall become legally liable to pay in respect of
1) accidental death of or bodily injury to any person other than a person in the
insured's service or a member of the insured's family or household.
2) accidental damage to
(a) any insured vehicle (including its accessories whilst thereon) held in trust by
or in the custody or control of the insured.
(b) other property not being property belonging to or held in trust by or in the
custody or control of the insured
clxxiv
occurring in on or about the premises through the negligence of the insured or
any person in the service of or acting on behalf of the insured or by or through
any defect in
The Company will pay all costs and expenses incurred with its written consent.
In the event of death of the insured the Company will in respect of the liability incurred
by him indemnify his legal personal representatives in terms of and subject to the
limitations to the policy provided that such representatives shall as though they were
the insured observe fulfill and be subject to the terms exceptions and conditions of
this policy in so far as they can apply.
GENERAL EXCEPTIONS
(a) any accidental loss damage and/or liability directly or indirectly proximately or
remotely occasioned by contributed to by or traceable to or arising out of or in
connection with flood typhoon hurricane volcanic eruption earthquake or other
convulsion of nature invasion the act of foreign enemies hostilities or warlike operations
(whether war be declared or not) civil war, riot strike mutiny rebellion revolution
insurrection military or usurped power or by any direct or indirect consequences of any
of the said occurrences and in the event of any claim hereunder the insured shall prove
that the accidental loss damage and/or liability arose independently of and was in no
way connected with or occasioned by or contributed to by or traceable to any of said
occurrences or any consequence thereof and in default of such proof the Company shall
not be liable to make any payment in respect of such a claim.
(d) damage to property sustained while it is being worked upon and directly resulting
from such work
(g) death injury or damage caused by or through or in connection with the use by the
insured of power driven cranes elevators lifts or hoists other than car hoists having a lift
not exceeding 6 feet or its equivalent
(h) any liability which attached by virtue of an agreement but which would not have
attached in the absence of such agreement
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(i) death injury or damage resulting from the driving elsewhere than in or on the
premises of any vehicle by the insured or any person in the service of or acting on
behalf of the insured
(j) damage to any motor vehicle or its accessories caused by weather conditions
(k) (i) any accidental loss or damage to any property whatsoever or any loss or
expense whatsoever resulting or arising there from or consequential loss
DEDUCTIBLE
The Company shall not be liable under Section -I of this Policy in respect of the
deductible stated in the schedule in respect of each and every claim.
CONDITIONS
1.This Policy and the Schedule shall be read together as one contract and any word or
expression to which a specific meaning has been attached in any part of this Policy or
of the Schedule shall bear such specific meaning wherever it may appear.
3. In the event of any occurrence which may give rise to a claim under this Policy the
insured shall as soon as possible give notice thereof to the Company with full
particulars. Every letter claim writ summons and/or process shall be forwarded to the
Company immediately on receipt. Notice shall also be given to the Company
immediately the insured shall have knowledge of any impending prosecution inquest or
fatal inquiry in connection with any occurrence as aforesaid.
clxxvi
5. The insured shall use care in the selection of competent employees and shall take all
reasonable steps to safeguard from damage the property in respect of which indemnity is
hereby granted and to maintain the premises in good repair and the Company shall
have free access at all reasonable times to the premises and to examine by their
authorized representative any vehicle insured hereunder.
6. The first premium and all renewal premiums that may be accepted are to be
regulated partly upon the amount of wages salaries and other earnings paid by the
insured to employees during each period of insurance. The name of every employee
together with the amount of wages salaries and other earnings shall be properly recorded
and the insured at all times allow the Company to inspect such records and shall supply
the Company with a correct account of all such wages salaries and other earnings paid
during any period of insurance within one month from the expiry date of such period of
insurance. If the amount so paid shall differ from the amount on which premium has
been paid the difference in premium shall be met by a further proportionate payment to
the Company or subject to the Company's usual scale of minimum premium by a
refund by the Company as the case may be. In the event of any extension or alteration of
the premises during the currency of this Policy the insured shall immediately notify the
Company thereof and shall pay to the Company any adjusted premium required in respect
of such extension or alteration.
7. The Company may cancel this Policy by sending seven day's notice by registered
letter to the insured at his last known address and in such event will return to the insured
the premium paid less the pro rata portion thereof for the period the Policy has been in
force subject to retention of the minimum premium of Rs.100/- (or Rs.25/- in respect of
vehicles specifically designed/modified for use by blind/handicapped mentally
challenged persons).
8. If at the any time any claim arises under this Policy there is any other existing
insurance covering the same damage or liability the Company shall not be liable to pay
or contribute more than its ratable proportion of any loss damage compensation costs or
expenses.
9. At any time after the happening of any event giving rise to a claim or series of claims
arising out of one cause the Company may pay to the insured the amount of the
indemnity provided by this Policy (after deduction of any sum or sums already paid) or
any less amount for which such claim or claims can be settled and upon such payment
being made the Company shall relinquish the conduct and control of and be under no
further liability in connection with such claim or claims except for the payment of costs
and expenses of litigation recoverable or incurred in respect of matters prior to the date
of such payment.
10. If any dispute or difference shall arise as to the quantum to be paid under this
policy (liability being otherwise admitted) such difference shall independently of all
other questions be referred to the decision of a sole arbitrator to be appointed in
writing by the parties to or if they cannot agree upon a single arbitrator within 30 days
of any party invoking arbitration, the same shall be referred to a panel of three arbitrators
comprising of two arbitrators-one to be appointed by each of the parties to the dispute /
clxxvii
difference and a third arbitrator to be appointed by such two arbitrators who shall act as
the presiding arbitrator and arbitration shall be conducted under and in accordance with
the provisions of the Arbitration and Conciliation Act 1996.
It is also hereby further expressly agreed and declared that if the Company shall
disclaim liability to the insured for any claim hereunder and such claim shall not,
within twelve calendar months from the date of such disclaimer have been made the
subject matter of a suit in a court of law, then the claim shall for all purposes be deemed
to have been abandoned and shall not thereafter be recoverable hereunder.
11. The due observance and fulfillment of the terms exceptions conditions and
endorsements of this Policy in so far as they relate to anything to be done or not to be
done by the insured and the truth of the statements and the answers in the said proposal
shall be conditions precedent to any liability of the Company to make any payment under
this Policy.
SCHEDULE
Policy No.
The Company :
Premises :
Address
Superficial Area not exceeding
Limits of Liability
(a) The Company shall not be liable to pay the first Rs ------* in respect of any one
clxxviii
accident of amount otherwise payable under Section-1.
(b) Limits of the amount of Company’s liability under section –1 in respect of any one
accident arising from an event- Rs 50,000/-
(c) Limits of the amount of the company’s liability Under Section II-1 (i) of the policy
Death of or bodily injury - Such amount as is necessary to meet the requirements
of the Motor Vehicles Act , 1988.
Under Section II - 1(ii) of the policy -Damage to Third Party Property - Rs 6000/-
clxxix
Form of Cover Note
The insured described in Form ‘52’ referred to below; having proposed for insurance in
respect of Motor Vehicle(s) described therein and having paid the sum of Rs...... as
premium, the risk is hereby held covered under the terms of the Company’s usual form of
....policy applicable thereto (subject to any Special Condition mentioned below) unless
the cover be terminated by the Company by notice in writing in which case the insurance
will thereupon cease and a proportionate part of the premium otherwise payable for such
insurance shall be charged for the time the Company had been at risk .
FORM 52
I/We hereby certify that this Cover Note is issued in accordance with the provisions of
Chapter XI of the Motor Vehicles Act, 1988.
(Authorised Insurer)
clxxx
SPECIMEN PREMIUM COMPUTATION TABLE
A. OWN DAMAGE B- LIABILITY
Basic premium on Vehicle and Accessories Basic premium including premium for TPPD
Total Rs---
Total Rs
Rs
clxxxi
Subject to I.M.T.Endt.Nos.& Memorandum ..... printed/herein/attached hereto Under
Hire Purchase Agreement with .............................................................
Hypothecated with .........................................................
Lease agreement with ...................................................
Date and signature of proposal ......................
in Witness whereof this Policy has been signed at ................... this ...........day
of .................................. in lieu of cover Note No. .................
Date ......................................
Receipt No. ............................Date .............................
Address of issuing office
(Duly Constituted Attorney (s))
clxxxii
SECTION- 7
INDIA MOTOR TARIFF - ENDORSEMENTS
It is further specifically understood and agreed that such geographical extension excludes
cover for damage to the vehicle insured / injury to its occupants / third party liability in
respect of the vehicle insured during sea voyage / air passage for the purpose of ferrying
the vehicle insured to the extended geographical area.
Subject otherwise to the terms exceptions conditions and limitations of this Policy.
It is further declared and agreed that in case of partial loss to the vehicle, depreciation on
parts replaced will be as stated in Section I of the Policy.
Subject otherwise to the terms exceptions conditions and limitations of this Policy.
It is hereby understood and agreed that as from …/…/……. the interest in the policy is
transferred to and vested in ……….... of ………………. carrying on or engaged in the
business or profession of ……………. who shall be deemed to be the insured and
clxxxiii
whose proposal and declaration dated .. /…/…. shall be deemed to be incorporated in and
to be the basis of this contract.
Provided always that for the purpose of the No Claim Bonus, no period during which
the interest in this policy has been vested in any previous Insured shall accrue to the
benefit of .....
Subject otherwise to the terms exceptions conditions and limitations of this policy.
It is hereby understood and agreed that as from …/…../ …... the vehicle bearing
Registration Number ………….. is deemed to be deleted from the Schedule of the Policy
and the vehicle with details specified hereunder is deemed to be included therein-
Regd. Engine/ Make Type of C.C. Year of Seating IDV
No. Chassis Body Manufacture Capacity
No. including
Driver
Subject otherwise to the terms exceptions conditions and limitations of this Policy.
It is hereby understood and agreed that ……….. (hereinafter referred to as the Owners)
are the Owners of the vehicle insured and that the vehicle insured is subject of an Hire
Purchase Agreement made between the Owners on the one part and the insured on the
other part and it is further understood and agreed that the Owners are interested in any
monies which but for this Endorsement would be payable to the insured under this
policy in respect of such loss or damage to the vehicle insured as cannot be made good
by repair and / or replacement of parts and such monies shall be paid to the Owners
as long as they are the Owners of the vehicle insured and their receipt shall be a full and
final discharge to the insurer in respect of such loss or damage.
It is further declared and agreed that for the purpose of the Personal Accident Cover for
the owner-driver granted under this policy, the insured named in the policy will continue
clxxxiv
to be deemed as the owner-driver subject to compliance of provisions of the policy
relating to this cover.
Save as by this Endorsement expressly agreed nothing herein shall modify or affect the
rights and liabilities of the insured or the insurer respectively under or in connection
with this Policy.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
It is further declared and agreed that for the purpose of the Personal Accident Cover for
the owner-driver granted under this policy, the insured named in the policy will continue
to be deemed as the owner-driver subject to compliance of provisions of the policy
relating to this cover.
Save as by this Endorsement expressly agreed nothing herein shall modify or affect the
rights and liabilities of the insured or the insurer respectively under or in connection
with this Policy.
clxxxv
Subject otherwise to the terms exceptions conditions and limitations of this policy.
It is hereby declared and agreed that the vehicle insured is pledged to / hypothecated with
……………….. (hereinafter referred to as the "Pledgee") and it is further understood and
agreed that the Pledgee is interested in any monies which but for this Endorsement
would be payable to the insured under this policy in respect of such loss or damage to the
vehicle insured as cannot be made good by repair and / or replacement of parts and
such monies shall be paid to the Pledgee as long as they are the Pledgee of the vehicle
insured and their receipt shall be a full and final discharge to the insurer in respect of
such loss or damage.
It is further declared and agreed that for the purpose of the Personal Accident Cover for
the owner-driver granted under this policy, the insured named in the policy will continue
to be deemed as the owner-driver subject to compliance of provisions of the policy
relating to this cover.
Save as by this Endorsement expressly agreed that nothing herein shall modify or affect
the rights or liabilities of the Insured or the Insurer respectively under or in connection
with this Policy or any term, provision or condition thereof.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
It is further understood and agreed that if the insured ceases to be a member of the above
mentioned association during the currency of this Policy the insured shall immediately
notify the insurer accordingly and refund to the insurer a proportionate amount of the
discount allowed on this account for the unexpired period of the cover.
Subject otherwise to the terms exceptions conditions and limitations of the policy
clxxxvi
* For full policy period, the full tariff discount to be inserted. For mid-term
membership, prorata proportion of the tariff discount for the unexpired policy period is
to be inserted.
It is hereby understood and agreed that in consideration of the insured car having been
certified as a Vintage Car by the Vintage and Classic Car Club of India, a discount
of Rs. ……….* is allowed to the insured from …./…../……
Subject otherwise to the terms exceptions conditions and limitations of the policy
It is hereby understood and agreed that the insured shall ensure at all times that this Anti-
theft device installed in the vehicle insured is maintained in efficient condition till the
expiry of this policy.
Subject otherwise to the terms, exceptions, conditions and limitations of the policy
a) # the insurer will deduct from the next renewal premium the sum of Rs………* and
the No Claim Bonus (if any) shall be calculated on the next renewal premium after
deduction of such sum.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
NB.2. * The proportionate full policy premium for the period of lay up less the
proportionate premium for the Fire and /or Theft risks for the lay up periods is
to be inserted.
NB.3 ** The proportionate premium required for Fire and / or Theft cover for the vehicle
for the laid – up period is to be inserted .
NB.4. In case of Liability Only Policies the words in CAPITALS should be deleted.
Subject otherwise to the terms exceptions conditions and limitations of this Policy .
clxxxviii
NB.1. In case of Liability Only Policies the words in CAPITALS should be deleted.
(c) Fire and Theft risks no part of the words in capitals are to be deleted.
It is hereby understood and agreed that the insurance by this Policy in respect of vehicle
no. ……….. insured hereunder is reinstated in full from ……./……/…… and the
Endorsement IMT 11(B) attaching to this policy shall be deemed to be cancelled. It is
further agreed that in consideration of the period during which the vehicle no. ..
………………. has been out of use
a) # The insurer will deduct from the next renewal premium the sum of Rs………*
and the No Claim Bonus (if any) shall be calculated on the next renewal premium
after deduction of such sum.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
NB.2. * The proportionate full policy premium for the period of lay up less the
proportionate premium for the Fire and /or Theft risks for the lay up periods is to be
inserted.
NB.3 ** The proportionate premium required for Fire and / or Theft cover for the
vehicle for the laid – up period is to be inserted .
clxxxix
Notwithstanding anything to the contrary contained in the policy it is hereby understood
and agreed that the vehicle insured being specially designed /modified for use of blind,
handicapped and mentally challenged persons and suitable endorsement to this effect
having been incorporated in the Registration Book by the Registering Authority, a
discount of 50% on the Own Damage premium for the vehicle insured is hereby allowed
to the insured.
Subject otherwise to the terms exceptions conditions and limitations of the policy.
It is hereby understood and agreed that the insurer shall not be liable in respect of the
vehicle insured while the vehicle is being used elsewhere than in the insured's premises
except where the vehicle is specifically required for a mission to fight a fire.
For the purposes of this endorsement ‘Use confined to own premises’ shall mean use only
on insured’s premises to which public have no general right of access.
It is hereby understood and agreed that the insurer shall not be liable in respect of the
vehicle insured while it is being used elsewhere than on site to which the public have no
general right of access and the vehicle is not required to be registered under the Motor
Vehicles Act, 1988.
cxc
which independently of any other cause shall within six calendar months of the
occurrence of such injury result in:-
(1) compensation shall be payable under only one of the items (i) to (iv) above in respect
of any such person arising out of any one occurrence and total liability of the insurer shall
not in the aggregate exceed the sum of Rs.....…..* during any one period of insurance in
respect of any such person.
(3) such compensation shall be payable only with the approval of the insured named in
the policy and directly to the injured person or his/her legal representative(s) whose
receipt shall be a full discharge in respect of the injury of such person.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
(1) compensation shall be payable under only one of the items (i) to (iv) above in
respect of any such person arising out of any one occurrence and total liability of the
insurer shall not in the aggregate exceed the sum of Rs.....…..* during any one period of
insurance in respect of any such person.
(3) such compensation shall be payable only with the approval of the insured named in
the policy and directly to the injured person or his/her legal representative(s) whose
receipt shall be a full discharge in respect of the injury of such person.
(4) not more than....** persons/passengers are in the vehicle insured at the time of
occurrence of such injury.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
cxcii
** The registered sitting capacity of the vehicle insured is to be inserted.
(1) compensation shall be payable under only one of the items (i) to (iv) above in respect
of any such person arising out of any one occurrence and total liability of the insurer shall
not in the aggregate exceed the sum of Rs.....…..* during any one period of insurance in
respect of any such person.
(3) such compensation shall be payable only with the approval of the insured named in
the policy and directly to the injured person or his/her legal representative(s) whose
receipt shall be a full discharge in respect of the injury of such person.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
cxciii
. * The Capital Sum Insured (CSI) per person is to be inserted.
(1) compensation shall be payable under only one of the items (i) to (iv) above in respect
of any such person arising out of any one occurrence and total liability of the insurer shall
not in the aggregate exceed the sum of Rs. ....…..** during any one period of insurance in
respect of any such person.
(3) such compensation shall be payable only with the approval of the insured named in
the policy and directly to the injured person or his/her legal representative(s) whose
receipt shall be a full discharge in respect of the injury of such person.
(4) not more than .... persons/passengers are in the vehicle insured at the time of
occurrence of such injury.
cxciv
Subject otherwise to the terms exceptions conditions and limitations of this policy.
* Delete if P.A. cover for unnamed pillion /side car passenger is not taken.
(a) (i) the price quoted in the latest catalogue or the price list issued by the
Manufacturer or his Agent for the country in which the vehicle insured is held for repair
less depreciation applicable;
OR
(ii) if no such catalogue or price list exists the price list obtaining at the
Manufacturer's Works plus the reasonable cost of transport otherwise than by air to the
country in which the vehicle insured is held for repair and the amount of the relative
import duty less depreciation applicable under the Policy; and
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
* Insert ‘Condition 3’ in the case of the Private Car and Motorsied Two Wheeler Policies
and ‘Condition 4’ in the case of Commercial Vehicles Policy.
Subject otherwise to the terms conditions limitations and exceptions of the policy.
cxcv
*To insert Rs.50 for Two wheelers, Rs.100 for private cars Rs.150 for Commercial
Vehicles – three wheelers and taxis or Rs.200 for Commercial Vehicles (excluding three
wheelers and taxis).
IMT. 21. SPECIAL EXCLUSIONS AND COMPULSORY DEDUCTIBLE
(Applicable to all Commercial Vehicles excluding taxis and motorized two wheelers
carrying passengers for hire or reward.)
If the expenditure incurred by the insurer shall include any amount for which the insured
is responsible hereunder such amount shall be repaid by the insured to the insurer
forthwith.
For the purpose of this Endorsement the expression "event” shall mean an event or series
of events arising out of one cause in connection with the vehicle insured in respect of
which indemnity is provided under this policy.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
.* to insert amount as appropriate to the class of vehicle insured as per GR.40 of the
tariff.
cxcvi
provision has been made under this policy and/or of any expenditure by the insurer in the
exercise of his discretion under Condition no …** of this policy .
If the expenditure incurred by the insurer shall include any amount for which the insured
is responsible hereunder such amount shall be repaid by the insured to the insurer
forthwith.
For the purpose of this Endorsement the expression "event” shall mean an event or series
of events arising out of one cause in connection with the vehicle insured in respect of
which indemnity is provided under this policy.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
* (i) to insert amount as appropriate to the class of vehicle insured as per GR.40 of the
tariff.
(ii) in respect of a vehicle rated under the Tariff for Private Car and in respect of a
motorised two wheeler not carrying passengers for hire or reward, if any deductible
in addition to the compulsory deductible provided in this endorsement is voluntarily
borne by the insured, the sum representing the aggregate of the compulsory and the
voluntary deductibles is to be inserted.
** to insert Condition no 3 in respect of a vehicle rated under Tariff for Private Car /
Two wheelers or Condition no 4 in respect of a vehicle rated under the Tariff for
Commercial Vehicles.
It is by declared and agreed that the insured having opted a voluntary deductible of Rs.
…………* a reduction in premium of Rs. …….** under Section 1 of the policy is
hereby allowed.
In consideration of the above, it is hereby understood and agreed that the insured shall
bear under Section 1 of the policy in respect of each and every event (including event
giving rise to a total loss/constructive total loss ) the first Rs.……..*** (or any less
expenditure which may be incurred) of any expenditure for which provision has been
made under this policy and/or of any expenditure by the insurer in the exercise of his
discretion under Condition no ….# of this policy .
If the expenditure incurred by the insurer shall include any amount for which the insured
is responsible hereunder such amount shall be repaid by the insured to the insurer
forthwith.
cxcvii
For the purpose of this Endorsement the expression "event” shall mean an event or series
of events arising out of one cause in connection with the vehicle insured in respect of
which indemnity is provided under this policy.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
* To insert voluntary deductible amount opted by the insured under tariff for Private car
/ tariff for motorised two wheeler.
** To insert appropriate amount relating to the voluntary deductible opted as per the
provision of tariff for Private car / tariff for motorised two wheelers.
*** To insert aggregate amount of voluntary deductible opted and the compulsory
deductible applicable to the vehicle insured as in G.R. 40.
# To insert policy condition No. 3 of the tariff for private car / tariff for motorised two
wheelers.
(b) In addition to any amount which the insured may be required to bear under para (a)
above, the insured shall also bear 50% of the assessed loss in respect of each and
every claim under this Endorsement.
(c) It is also understood that no deductible other than those mentioned in (a) and (b)
above shall be applicable in respect of a claim which become payable under this
Endorsement.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
* To insert the sum arrived at as per the provisions of G.R.40. NB.3. of the Tariff.
cxcviii
IMT.24. ELECTRICAL / ELECTRONIC FITTINGS
(Items fitted in the vehicle but not included in the manufacturer’s listed selling price
of the vehicle – Package Policy only)
The insurer shall, however, not be liable for loss of or damage to such fitting(s) caused
by/as a result of mechanical or electrical breakdown.
Provided always that the liability of the insurer hereunder shall not exceed the Insured's
Declared Value (IDV) of the item.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
NB.(i) In case of Fire Risk only, the words “burglary housebreaking theft” are to be
deleted.
NB.(ii) In case of Theft Risk only, the words “fire explosion self ignition lightning riot
strike malicious damage terrorism storm tempest flood inundation and earthquake perils”
are to be deleted.
Subject otherwise to the terms conditions limitations and exceptions of the Policy.
NB.(i) In case of Liability and Fire Risks only, the words “burglary housebreaking
theft ” are to be deleted.
NB.(ii) In case of Liability and Theft Risks only, the words “fire explosion self
ignition lightning riot strike malicious damage terrorism storm tempest flood
inundation and earthquake perils" are to be deleted.
(2) the insured shall take reasonable precautions to prevent accidents and shall comply
with all statutory obligations;
*(3) the insured shall keep record of the name of each paid driver conductor cleaner or
persons employed in loading and/or unloading and the amount of wages and salaries and
other earnings paid to such employees and shall at all times allow the insurer to inspect
such records on demand.
(4) in the event of the Policy being cancelled at the request of the insured no refund of
the premium paid in respect of this Endorsement will be allowed.
Subject otherwise to the terms conditions limitations and exceptions of the Policy except
so far as necessary to meet the requirements of the Motor Vehicles Act, 1988.
*In case of Private cars/ motorised two wheelers (not used for hire or reward) delete this
para.
Provided that in the event of an accident whilst the vehicle insured is carrying more
than .....* employees of the insured (including the driver) the insured shall repay to the
insurer a rateable proportion of the total amount payable by the insurer by the reason of
this endorsement in respect of accident in connection with such vehicle insured.
Subject otherwise to the terms, conditions limitations and exceptions of this Policy.
NB. * To insert the number of employees for which the premium has been paid.
cci
IMT. 30. TRAILERS.
( Applicable to Private Cars Only)
* (a) the IDV of such Trailer shall be deemed not to exceed ………* *
(b) the term "Trailer" shall not include its contents or anything contained
thereon.
(c)such indemnity shall not apply in respect of death or bodily injury to any person
being conveyed by the said Trailer otherwise than by reason of or in pursuance of a
contract of employment.
Subject otherwise to the terms, conditions limitations and exceptions of this Policy.
Provided that :-
(b) This Policy does not cover use for organised racing, pace making or speed testing.
(c) During the course of the …………………* the Insurer shall not be liable in
respect of death of or bodily injury to any person being carried in or upon or
entering or getting on to or alighting from the vehicle insured at the time of the
occurrence of the event out of which any claim arises.
# # It is further understood and agreed that while the vehicle insured is engaged in ..
…………………….* the insured shall bear the first Rs…….…..@ (or any less amount
ccii
for which the claim may be assessed ) of each and every claim under Section I of this
Policy.
Provided that if the insurer shall make any payment in exercise of its discretion under
Condition No. 3 of the policy in settlement of any claim and such payment includes the
amount for which the insured is responsible by reason of this Endorsement the insured
shall repay to the insurer forthwith the amount for which the insured is so responsible.
For the purpose of this Endorsement the expression "claim" shall mean a claim or
series of claims arising out of one event.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
@ To insert Rs. 5000/- for Private cars or Rs. 2500/- for motorised two wheelers. For
the duration of the event the deductible under Section 1 of the policy for the purpose
of IMT 22 will be the amount stated in IMT 22 or the amount stated herein, whichever
is higher.
Subject otherwise to the terms, conditions limitations and exceptions of this Policy.
* This additional premium is flat and irrespective of period of insurance not exceeding 12
months. Any extension of the policy period beyond 12 months will call for payment of
further additional premium under this endorsement .
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In consideration of the payment of an additional premium of Rs...…… it is hereby
understood and agreed that as from ../….../…..... notwithstanding anything to the contrary
contained in Section I but subject otherwise to the terms exceptions conditions and
limitations of this Policy the insurer will indemnify the insured in respect of loss of or
damage to accessories the property of the insured, specifically declared by the insured
caused by burglary, housebreaking or theft.
Subject otherwise to the terms conditions limitations and exceptions of this policy.
(i) The insurer will indemnify the insured against his legal liability under Common
Law and Statutory Liability under the Fatal Accidents Act, 1855 in respect of death of
or bodily injury to any person not being an employee of the insured nor carried for hire or
reward, whilst being carried in or upon or entering or mounting or alighting from any
motor vehicle described in the Schedule to this Policy.
(ii) This Policy shall be operative whilst any vehicle described in the Schedule hereto
is being used by the insured or by any other person with the permission of the Insured for
social, domestic, or pleasure purposes.
Whilst any such vehicle is being so used the insurer will in terms and subject to
the limitations of and for the purposes of Section II of this policy treat as though he
were the Insured person using such vehicle provided that such person -
2) shall as though he were the insured observe, fulfill and be subject to the terms,
provisions, conditions and endorsements of this Policy in so far as they apply.
3) has not been refused any Motor Vehicle Insurance or continuance thereof by any
insurer.
Subject otherwise to the terms, conditions limitations and exceptions of this Policy.
NOTE :
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In case of Liability only Policies delete (1) above
(i) shall have entered into a hire contract with the insured and who prior to such hiring
shall have satisfactorily completed and signed a supplementary proposal form**.
a) that the vehicle insured will only be driven by a duly licensed driver whose
license has not been endorsed;
b) that such driver has not been refused Motor Insurance nor had his/her
insurance policy been cancelled nor had special conditions imposed nor had
increased premium demanded from him/her by reason of claims experience.
It is also understood and agreed that whilst the vehicle insured is let on hire to the Hirer
the insurer shall not be liable –
(1) for any loss, damage or liability due to or arising from theft or conversion by
the Hirer unless covered by payment of additional premium @ 1.50% on IDV.
(Endt. IMT 43 is to be used.)
(2) To pay the first Rs..... of each and every claim in respect of which indemnity
would but for this endorsement have been provided by Section I of this Policy.
If the expenditure incurred by the Insurer shall include the amount for which the Insured
is responsible hereunder, such amount shall be repaid by the insured to the Insurer
forthwith.
For the purpose of this endorsement the expression "Claim" shall mean a claim or series
of claims arising out of one cause in respect of the vehicle.
(3) If the vehicle is used by the Hirer for carriage of passengers for hire or reward.
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* For the purposes of this endorsement the insurer will in terms of and subject to
the provisions contained in item I of Section II of this Policy, treat the Hirer as a
person who is driving the Two wheeler.
Further it is agreed that the insured shall forward to the insurer the supplementary
proposal referred to above, completed by the Hirer immediately after receipt thereof
which proposal as well as that referred to in this policy shall be the basis of the contract
expressed in this endorsement so far as it relates to the indemnity which is operative
whilst the vehicle is let on hire to such Hirer.
Subject otherwise to the terms, exceptions, conditions and limitations of this Policy.
NOTE :
For Liability only policies delete the whole of items (1) and (2) and the paragraph in bold
marked with *.
It is hereby declared and agreed that the company will indemnify any hirer of the vehicle
insured against loss, damage and liability as defined in this Policy arising in connection
with the vehicle insured by reason of the negligence of the within named insured or of
any employee of such insured while the vehicle insured is let on hire.
Provided that any such hirer shall as though he/she were the insured observe fulfill and be
subject to the terms, exceptions, conditions and limitations of this policy in so far as they
apply.
ii) Any other person not being carried for hire or reward provided that the
person is
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a) charterer or representative of the charterer of the truck
b) Any other person directly connected with the journey in one form or
other being carried in or upon or entering or mounting or alighting
from any Motor Vehicle described in the schedule of the policy.
IMT 37 A.. Legal Liability to Non Fare Paying Passengers who are not
employees of the Insured (Commercial Vehicles only)
b) Any other person directly connected with the journey in one form or the other
being carried in or upon or entering or mounting or alighting from vehicle
insured described in the SCHEDULE OF THIS POLICY.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
IMT. 38. Legal Liability to Fare paying Passengers excluding liability for accidents
to employees of the Insured arising out of and in the course of their
employment
(Commercial and Motor Trade Vehicles only)
Provided always that in the event of an accident occurring whilst the Motor
Vehicle is carrying more than the number of persons mentioned in the Schedule hereto as
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being the licensed carrying capacity of that vehicle in addition to the conductor if any
then the Insured shall repay to the Insurer rateable proportion of the total amount which
would be payable by the Insurer by reason of this endorsement if not more than the said
number of persons were carried in the Motor Vehicle.
Provided further that in computing the number of persons for the purpose of this
endorsement any three children not exceeding 15 years of age will be reckoned as two
persons and any child in arms not exceeding 3 years of age will be disregarded.
Provided also that the provisions of condition 3 of the Policy are also applicable to a
claim or series of claims under this endorsement.
Provided further that in the event of Policy being cancelled at the request of the
insured no refund of premium paid in respect of this endorsement will be allowed.
Subject otherwise to the terms, exceptions, conditions and limitations of this Policy.
Provided always that in the event of an accident occurring whilst the Motor
Vehicle is carrying more than the number of persons mentioned in the Schedule hereto as
being the licensed carrying capacity of that vehicle in addition to the conductor if any
then the insured shall repay to the Insurer rateable proportion of the total amount which
would be payable by the Insurer by reason of this endorsement if not more than the said
number of persons were carried in the Motor Vehicle.
Provided further that in computing the number of persons for the purpose of this
endorsement any 3 children not exceeding 15 years of age will be reckoned as two
persons and any children in arms not exceeding 3 years of age will be disregarded.
Provided further that in the event of Policy being cancelled at the request of the
insured no refund of premium paid in respect of this endorsement will be allowed.
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Subject otherwise to the terms, exceptions,` conditions and limitations of this Policy.
IMT. 39. Legal Liability to persons employed in connection with the operation
and/or maintaining and/or Loading and/or Unloading of Motor Vehicles.
(For GOODS VEHICLE)
(1) this Endorsement does not indemnify the insured in respect of any liability in
cases where the insured holds or subsequently effects with any insurer or Group of
Underwriters a Policy of Insurance in respect of liability as herein defined for his
general employees.
(2) the insured shall take reasonable precautions to prevent accidents and shall comply
with all statutory obligations.
(3) the insured shall keep a record of the name of each driver cleaner conductor or
person employed in loading and/or unloading and the amount of wages salary and other
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earnings paid to such employees and shall at times allow the insurer to inspect such
record.
(4) in the event of the Policy being cancelled at the request of the insured no refund of
the premium paid in respect of this Endorsement will be allowed.
The premium to be calculated at the rate of Rs25/- per driver and/or cleaner or
conductor and/or person employed in loading and/or unloading but not exceeding the
number permitted by the Motor Vehicles Act 1988 including driver and cleaner.
Subject otherwise to the terms exceptions conditions and limitations of this Policy
except so far as necessary to meet the requirements of the Motor Vehicles Act, 1988.
2. the insured shall take reasonable precautions to prevent accidents and shall
comply with all statutory obligations.
3. the insured shall keep a record of the name of each person employed in
connection with the loading and unloading of the vehicles and the amount of
wages salary and other earnings paid to such employees and shall at all times
allow the Insurer to inspect such record.
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4. in the event of the Policy being cancelled at the request of the insured no
refund of the premium paid in respect of this Endorsement will be allowed.
IMT 40 Legal Liability to paid driver and/or Conductor and/or cleaner employed
in connection with the operation of Motor vehicle.
(For buses, taxis and motorized three/four wheelers under commercial vehicles
tariff)
In consideration of the payment of an additional premium it is hereby understood and
agreed that notwithstanding anything contained herein to the contrary the insurer shall
indemnify insured against his legal liability under the Workmen's Compensation Act,
1923 and subsequent amendments of that Act prior to the date of this
endorsement, the Fatal Accidents Act, 1855 or at Common Law in respect of
personal injury to any paid driver and/or conductor and/or cleaner whilst engaged in the
service of the insured in such occupation in connection with the vehicle insured and
will in addition be responsible for all costs and expenses incurred with its written
consent.
The premium to be calculated and paid while taking insurance of the vehicle
concurred at the rate of Rs. 25/- per driver and/or conductor and/or cleaner.
(1) this Endorsement does not indemnify the insured in respect of any liability in cases
where the insured holds or subsequently effects with any insurer or Group of
Underwriters a Policy of Insurance in respect of liability as herein defined for his general
employees.
(2) the insured shall take reasonable precautions to prevent accidents and shall comply
with all statutory obligations.
(3) the insured shall keep a record of the name of each driver cleaner conductor or
person employed in loading and/or unloading and the amount of wages salary and
other earnings paid to such employees and shall at all times allow the insurer to inspect
such record.
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(4) in the event of the Policy being cancelled at the request of the insured no refund of
the premium paid in respect of this Endorsement will be allowed.
Subject otherwise to the terms exceptions conditions and limitations of this Policy
except so far as necessary to meet the requirements of the Motor Vehicles Act, 1988.
Geographical Area
Under all other Sections - Within a radius of …….* kilometers from the insured's
address as stated in the Schedule hereto.
* to insert ‘80’ or ‘120’ as opted for by insured and premium paid accordingly.
Subject otherwise to the terms conditions limitations and exceptions of this policy.
Article I. NOTE
For Liability only Policies delete the words "for any loss or damage to the vehicle
insured and/or ".
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Notwithstanding anything to the contrary contained herein it is hereby understood and
agreed in this Policy in consideration of the payment of additional premium @ 1.50% of
IDV, Clause ii (b) (1) of Endorsement IMT- 35 is hereby deemed to be deleted.
It is further understood and agreed that the indemnity in respect of Theft and/or
Conversion by the hirer is applicable only in case of Theft and/or Conversion of the entire
vehicle.
It is further understood and agreed that No Claim Bonus will not be applicable to the
additional premium charged hereunder.
Provided that any such hirer shall as though he/she were the insured observe fulfill and be
subject to the terms, exceptions, conditions and limitations of this policy in so far as they
apply.
Provided that any such hirer shall as though he were the Insured observe fulfill and be
subject to the terms, exceptions, conditions and limitations of this Policy in so far as they
apply.
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Ambulance/Hearses under class D of Commercial vehicles and to Motor Trade
vehicles )
Provided always that in the event of an accident occurring whilst the vehicle insured is
carrying more than the number of persons mentioned in the Schedule hereto as being the
licensed carrying capacity of that vehicle in addition to the conductor if any then the
insured shall repay to the insurer ratable proportion of the total amount which would be
payable by the insurer by reason of this endorsement if not more than the said number of
persons were carried in the vehicle insured.
Provided further that in computing the number of persons for the purpose of this
endorsement any three children not exceeding 15 years of age will be reckoned as two
persons and any child in arms not exceeding 3 years of age will be disregarded.
Provided also that the provisions of condition 3 of the policy are also applicable to a
claim or series of claims under this endorsement.
Provided further that in the event of policy being cancelled at the request of the insured
no refund of premium paid in respect of this endorsement will be allowed.
Subject otherwise to the terms exceptions conditions and limitations of this Policy.
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Provided always that in the event of an accident occurring whilst the vehicle insured is
carrying more than the number of persons mentioned in the Schedule hereto as being the
licensed carrying capacity of that vehicle in addition to the conductor if any then the
insured shall repay to the insurer ratable proportion of the total amount which would be
payable by the insurer by reason of this endorsement if not more than the said number of
persons were carried in the vehicle insured.
Provided further that in computing the number of persons for the purpose of this
endorsement any 3 children not exceeding 15 years of age will be reckoned as two
persons and any children in arms not exceeding 3 years of age will be disregarded.
Provided further that in the event of Policy being cancelled at the request of the insured
no refund of premium paid in respect of this endorsement will be allowed.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
N. B. :
Omit paragraph (a) for :-
(i) Liability only Policies.
(ii) Package Policies where an additional premium has been paid for inclusion of
damage by overturning.
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NOTE :
* Insert make, number or some other means of identification.
Where a premium reduction is allowed for exclusion of damage when in use as a
tool of trade omit from paragraph (a) (the words “ resulting from overturning”
and “ except for loss …. or theft”.
IMT.48. Agricultural and Forestry Vehicles And Other Miscellaneous vehicles with
Trailers attached - Extended Cover
Provided that the Insurer shall be under no liability under Section I of the Policy in
respect of breakage of any part of the agricultural trailer or implements caused by ground
obstructions.
Schedule of Trailers
-------------------------------------------------------------------------------------------------
* Description Insured's Declared value (IDV)
-------------------------------------------------------------------------------------------------------
Subject otherwise to the terms, exceptions, conditions and limitations of this Policy.
NOTE :
In the case of Liability only Policies, the Endorsement must be suitably amended.
IMT .49. Exclusion of Liability to the Public Working Risk (Except as required by
the Motor Vehicle Act, 1988)
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It is hereby declared and agreed that except so far as is necessary to meet the
requirements of the Motor Vehicles Act, 1988, the Insurer shall be under no liability
under Section II of this Policy in respect of liability incurred by the Insured arising out of
the operation as a tool of the Motor Vehicle or of plant forming part of the Motor Vehicle
or attached thereto.
It is hereby understood and agreed that not withstanding anything to the contrary
contained in this Policy, the insurer shall be under no liability in respect of loss or
damage to cinematic photographic or sound equipment costumes or any other technical
property fixtures and fittings on the Motor Vehicle, unless they are firmly and
permanently fixed to the body of the vehicle and are not detachable from time to time.
(ii) anything harmful in the condition of any goods supplied at or from the motor
vehicle or the defective condition of the container of such goods
(iii) anything harmful in the condition of any goods supplied at or from the motor
vehicle or defective in any treatment given at or from the motor vehicle
Notes :-
** 1)In the case of "Mobile Shops and Canteens" insert the words "Utensils or
stock-in-trade" and omit (iii)
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2) In the case of "Mobile Surgeries/Dispensaries insert the words "Surgical
instruments medical appliances or supplies".
It is hereby declared and agreed that except so far as is necessary to meet the
requirements of the Motor Vehicles Act, 1988 the insurer shall be under no liability under
Section II of this Policy in respect of liability incurred by the insured arising out of the
operation as a tool of the motor vehicle or of plant forming part of the vehicle insured or
attached thereto.
It is hereby declared and agreed that while any attachment in the under noted "Schedule
of attachments" is attached to the Motor Vehicle or is detached and out of use the
indemnity provided by this Policy shall apply in respect of any such attachment as though
it were the Motor Vehicle and had set against it in the Schedule the value set against it in
the under noted "Schedule of Attachments
Schedule of Attachments
-------------------------------------------------------------------------------------------------------
* Description Insured's Declared Value (IDV)
-------------------------------------------------------------------------------------------------------
* Insert make, number or some other means of identification.
NOTE :
In the case of pedestrian controlled tractors insert in "Description" in the Schedule of
Attachments "any standard attachment of the ... Tractor supplied by the makers."
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It is hereby declared and agreed that except so far as is necessary to meet the
requirements of the Motor Vehicles Act, 1988, the Insurer shall be under no liability
under Section II of this Policy in respect of liability arising out of :-
(a) the explosion of any vessel under pressure being part of plant attached to or
forming part of the Motor Vehicle.
(c) the operation other than in or upon the Motor Vehicle forming part of or attached
to
(d) the Motor Vehicle.
(b) damage to property resulting from the manufacture construction alteration repair
or treatment of such property by the insured.
(c) death injury or damage caused by or through property on which the insured has
carried out any process of manufacture, construction alteration or repair or treatment.
It is further understood and agreed that except so far as is necessary to meet the
requirements of the Motor Vehicles Act 1988, the insurer shall be under no liability under
Section II of this Policy in respect of liability incurred by the insured arising out of the
explosion of any vessel under pressure being part of plant attached to or forming part of
the vehicle insured.
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IMT.56. Trailers (Road Transit Only)
a) the insurer shall not be liable under this Policy in respect of damage to property
conveyed by the towed vehicle.
b) the insurer shall not be liable under this Policy in respect of accident loss damage
and/or liability caused sustained or incurred whilst the vehicle insured is towing a greater
number of vehicles than is permitted by law.
It is hereby declared and agreed that Item 5 in the Schedule to this Policy is deemed to
have been deleted and the following substituted there for :-
The Motor Vehicle : Any Motorised Two Wheeler (including sidecar attached thereto)
the property of the insured or insured’s custody or control whilst bearing Trade
Certificate No...........
It is further declared and agreed that the words "Motor Vehicle" wherever they appear are
deemed to have been deleted and substituted by the words "Motorised Two Wheeler”..
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
IMT.58. Loan or Hire of Motor Cars, Motorised Two wheelers, Motor vehicles to
Customers by Motor Dealers (Motor Trade Only)
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Provided that the insured agrees to record in a register for the purposes of this policy the
date of loan or hire of such vehicle(s), its Make and Registered Number (or Chassis
Number if the loaned/hired vehicle itself is not registered) and the duration of the loan or
hire and to submit to the insurer within one month of the expiry of each period of
insurance a statement of the total number of days each loaned/hired vehicle was in use.
Provided also that the premium for this Policy shall be subject to adjustment on expiry of
each period of insurance.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
Whilst the vehicle insured is being so used the insurer will in terms of and subject to the
limitations of and for the purpose of Section II of this policy treat as though he were the
insured person using the vehicle insured provided that such person :
1. is not entitled to indemnity under any other policy;
2. shall as though he/she were the insured observe fulfill and be subject to the terms
provisions conditions and endorsements of this policy in so far as they apply;
3. has not been refused any Motor Vehicle Insurance or continuance thereof by any
insurer.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
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demonstration by person(s) not in the employment of the insured provided he/she/they
is/are driving with the insured's permission and is/are accompanied by the insured or by
any person(s) in the insured's employment.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
Subject otherwise to the terms conditions limitations and exceptions of the policy.
(a) Section I and II(2)(i) and the word "other" in Section II (2)(ii) of this Policy in the
Schedule to this Policy are deemed to be cancelled and
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(b) the Insurer shall not be liable in respect of damage to the Motor Vehicle or its
accessories.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
* To insert location
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
STATISTICS FORMS
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