Motorprivate Car Policy Wording
Motorprivate Car Policy Wording
Motorprivate Car Policy Wording
(5) Rate of depreciation for painting: In the case of painting, the depreciation rate of 50% shall be applied only on the material cost of total painting charges.
In case of a consolidated bill for painting charges, the material component shall be considered as 25% of total painting charges for the purpose of applying the
depreciation.
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;
(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
Version 1.3, Feb. 2013
(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 of re-delivery 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:
1
Corporate & Registered Ofce: ‘Natraj’, 101, 201 & 301, Junction of Western Express Highway & Andheri - Kurla Road, Andheri (East), Mumbai - 400 069.
(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.
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 Company 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.
2
SECTION III – PERSONAL ACCIDENT COVER FOR OWNER-DRIVER
1. 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 whilst 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:
(ii) Loss of two limbs or sight of two eyes or one limb and sight of one eye 100%
(iv) Permanent total disablement from injuries other than named above 100%
GENERAL EXCEPTIONS
(Applicable to all Sections of the Policy)
The Company shall not be liable under this Policy in respect of
1. any accidental loss or 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
(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
(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 purpose of this exception combustion shall include any self-
sustaining process of nuclear fission.
5. Any accidental loss or damage or liability directly or indirectly caused by or contributed to by or arising from nuclear weapons material.
6. Any accidental loss damage and/or liability directly or indirectly or 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 warlike operations (whether before or after declaration of war) civil war, mutiny
rebellion, military or usurped power or by any direct or indirect consequence 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 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.
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 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
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 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 in the event of
misrepresentation, fraud or non-disclosure of material information. 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.250/-. 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 clearly agreed and understood that no dispute or diifference 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.
ENDORSEMENTS
(Attached to and forming part of Policy)
4
IMT.2. AGREED VALUE CLAUSE
(Applicable only to Vintage Car)
It is hereby declared and agreed that in case of TOTAL LOSS/CONSTRUCTIVE TOTAL LOSS of the Vintage Car insured hereunder due to a peril insured against,
the amount payable will be the Insured’s Declared Value (IDV) of the vehicle as mentioned in the Policy without deduction of any depreciation.
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.
5
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 Company accordingly and refund to the Company, 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 this Policy.
* For full Policy period, the full tariff discount to be inserted. For mid-term membership, pro-rata proportion of the tariff discount for the unexpired Policy period to be
inserted.
** Insert name of the concerned Automobile Association.
IMT.12.DISCOUNT FOR SPECIALY DESIGNED/MODIFIED VEHICLES FOR THE BLIND, HANDICAPPED AND MENTALLY CHALLENGED PERSONS
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.
IMT.15. PERSONAL ACCIDENT COVER TO THE INSURED OR ANY NAMED PERSON OTHER THAN PAID DRIVER OR CLEANER
(Applicable to private cars including three wheelers rated as private cars and motorized Two-wheelers with or without side car [not for hire or reward])
In consideration of the payment of an additional premium it is hereby agreed and understood that the Company undertakes to pay compensation on the scale
provided below for bodily injury as hereinafter defined sustained by the Insured person in direct connection with the vehicle insured or whilst mounting and
dismounting from or traveling in the vehicle insured and caused by violent accidental external and visible means which independently of any other cause shall within
six calendar months of the occurrence of such injury result in:
(ii) Loss of two limbs or sight of two eyes or one limb and sight of one eye 100%
(iv) Permanent total disablement from injuries other than named above 100%
6
(2) no compensation shall be payable in respect of death or injury directly or indirectly wholly or in part arising or resulting from or traceable to (a) intentional 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.
(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.
* The Capital Sum Insured (CSI) per person is to be inserted.
IMT.16. PERSONAL ACCIDENT TO UNNAMED PASSENGERS OTHER THAN INSURED AND THE PAID DRIVER OR CLEANER
(For Vehicles rated as Private Cars and Motorised Two Wheelers [not for hire or reward] with or without side car)
In consideration of the payment of an additional premium, it is hereby understood and agreed that the Company undertakes to pay compensation on the scale
provided below for bodily injuries hereinafter defined sustained by any passenger other than the Insured and/or the paid driver attendant or cleaner and/or a person
in the employ of the Insured coming within the scope of the Workmen's Compensation Act, 1923 and subsequent amendments of the said Act and engaged in
and upon the service of the Insured at the time such injury is sustained whilst mounting into, dismounting from or traveling in the insured motor car and caused by
violent accidental external and visible means which independently of any other cause shall within three calendar months of the occurrence of such injury result in :
(ii) Loss of two limbs or sight of two eyes or one limb and sight of one eye 100%
(iv) Permanent total disablement from injuries other than named above 100%
(ii) Loss of two limbs or sight of two eyes or one limb and sight of one eye 100%
(iv) Permanent total disablement from injuries other than named above 100%
7
(b) the reasonable cost of fitting such parts.
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.
8
IMT.25. CNG / LPG KIT IN BI-UEL SYSTEM
(Own Damage cover for the kit)
In consideration of the payment of premium of Rs……………* notwithstanding anything to the contrary contained in the Policy it is hereby understood and agreed
that the Company will indemnify the Insured in terms conditions limitations and exceptions of Section 1 of the Policy against loss and/or damage to the CNG/LPG kit
fitted in the vehicle insured arising from an accidental loss or damage to the vehicle insured, subject to the limit of the Insured’s Declared Value of the CNG/LPG kit
specified in the Schedule of the Policy.
Subject otherwise to the terms conditions limitations and exceptions of this Policy.
* To insert sum arrived at in terms of G.R.42.
IMT.28.LEGAL LIABILITY TO PAID DRIVER AND/OR CONDUCTOR AND/OR CLEANER EMPLOYED IN CONNECTION WITH THE OPERATION OF
INSURED VEHICLE
(For all Classes of vehicles)
In consideration of an additional premium of Rs. 25/- notwithstanding anything to the contrary contained in the Policy it is hereby understood and agreed that the
Company shall indemnify the insured against the Insured’s legal liability under the Workmen's Compensation Act, 1923 , the Fatal Accidents Act, 1855 or at
Common Law and subsequent amendments of these Acts prior to the date of this Endorsement 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 herein and will in addition be responsible for all
costs and expenses incurred with its written consent.
Provided always that:
(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
insurers a Policy of Insurance in respect of liability as herein defined for Insured’s general employees;
(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 Company 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.
IMT.29.LEGAL LIBILITY TO EMPLOYEES OF THE INSURED OTHER THAN PAID DRIVER AND / OR CONDUCTOR AND / OR CLEANER WHO MAY BE
TRAVELLING OR DRIVING IN THE EMPLOYER’S CAR
(Private Car’s only/ Motorised two wheelers [not for hire or reward])
In consideration of the payment of an additional premium @ Rs.25/- per employee insured notwithstanding anything to the contrary contained in the Policy it is
hereby understood and agreed that the Company will indemnify the Insured against the Insured’s liability at Common Law and Statutory Liability under the Fatal
Accidents Act,1855 for compensation (including legal costs of any claimant) for death of or bodily injury to any employee (other than paid drivers) of the within
named Insured being carried in or upon or entering in or getting on to or alighting from or driving the vehicle insured.
9
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 Company a rateable proportion of the total amount payable by the Company 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.
IMT.30.TRAILERS
(Applicable for Private Cars Only)
In consideration of the payment of an additional premium it is hereby understood and agreed that in the indemnity granted by this Policy shall extend to apply to the
Trailer (Registration No……………….)
Provided always that –
* (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.
* Delete in the case of Liability to the Public Risks only Policies
** Insert value of Trailer as declared at inception of insurance or any renewal thereof.
10
CLAIM SETTLEMENT
The Company will settle the claim under this Policy within 30 days from the date of receipt of necessary documents required for assessing the claim. In the event that
the Company decides to reject a claim made under this Policy, the Company shall do so within a period of thirty days of the Survey Report or the additional Survey
Report, as the case may be, in accordance with the provisions of Protection of Policyholders' Interest Regulations 2002.
11
OMBUDSMAN OFFICES
12
Insurance is the subject matter of the solicitation.