THE NEW INDIA ASSURANCE COMPANY LIMITED
Registered & Head Office- 87, M.G. Road, Fort, Mumbai-400001

MULTI PERILS INSURANCE POLICY FOR LIQUIFIED PETROLIUMGAS DEALERS

WHEREAS the INSURED named in the schedule hereto has made to THE NEW INDIA
ASSURANCE COMPANY LIMITED (hereinafter called the ‘COMPANY’) a proposal and
declaration which shall be the basis of this contract and be deemed to be incorporated
herein for the Insurance hereinafter contained and has paid or agreed to pay the premium
stated herein.
THE COMPANY HEREBY AGREES subject to the terms and conditions contained herein
or endorsed or otherwise expressed hereon that if the Insured shall sustain LOSS or
DAMAGE to property or INCUR LIABILITY or the Insured or the partners, directors, or
managerial staff or employee of the Insured permanently working with the Insured land
members of the customers family on their premises shall sustain BODILY INJURY as
described herein at any time during the period of Insurance stated herein or any
subsequent period in respect of which the Insured shall have paid or agreed to pay and the
company shall have accepted or agreed to accept the premium required for the renewal
thereof, the company will pay to the Insured the value, at the time of happening of such
loss, of the property so lost or the amount of such damage, or the amount of liability
incurred or the benefits specified herein as the case may be, but not exceeding in any one
period of Insurance in respect of each of the several items specified herein, the sum set
opposite thereto respectively.
GENERAL CONDITIONS
1. NOTICE : Every notice and communication to the Company required by this policy
shall be in writing to the office of the Company through which this Insurance is
effected.
2. MISDESCRIPTION : This policy shall be void and all premium paid hereon shall be
forfeited to the Company, in the event of misrepresentation misdescription, or nondisclosure
of any material information.
3. REASONABLE CARE: The Insured shall take all reasonable steps to safeguard the
property insured against any loss or damage. The Insured shall exercise reasonable
care that only competent employees are employed and shall take all reasonable
precautions to prevent all accidents and shall comply with all statutory or other
regulations.
4. CANCELATION : The Policy can be cancelled at any time at the request of the
Insured in writing to the Company, in which case the company will retain the customary
short term premium for the time policy has been in force. However, no refund will be
allowed if there be any claim under this policy. The insurance may also at any time be
terminated at the option of the company on the notice to that effect being given to the
insured at his last known address registered in the company’s book in which case, the
company will be liable to repay on demand a rateable portion of the premium for the
unexpired term from the date of cancellment. Such notice shall be deemed to have
been received by the Insured at the time when the same would be delivered in the
ordinary course of post.
5. CLAIMS PROCEDURE:
i) The Insured shall upon the occurrence of any event giving rise or likely to give rise to
a claim under the Policy :
(a) in the event of theft, lodge forthwith a complaint with the Police and take all
practicable steps to apprehend the guilty person or persons and to recover the
property lost.
(b) give immediate notice thereof to the Company and shall within Fourteen (14) days
thereafter furnish to the Company at his own expense, detailed particulars of the
amount of the loss or damage together with such explanations and evidence to
substantiate the claim as the Company may reasonably require.
ii) The Insured shall upon the occurrence of any event giving rise or likely to give rise
to a claim under the Policy give immediate notice thereof to the Company and shall
forward to the company forthwith every written notice or information of any verbal
notice of claim and shall send to the Company any writ, summons or other legal
process issued or commenced against the Insured and shall give all necessary
information and assistance to enable the Company to settle or resist any claim or to
institute proceedings. The Insured shall not incur any expenses in making good any
claim without the written consent of the company and shall not negotiate, pay, settle,
admit or repudiate any claim without such consent.
6. CONTRIBUTION : In the event of any loss, damage covered by this policy there shall be
any other Insurance covering the same loss, damage whether effected by the Insured or
not, this Policy shall pay only so much of the excess of such loss, damage, liability or
expenses as is not recoverable under such other Insurance, subject always to the
limitations of this policy.
7. FRAUD : If any claim under this Policy shall be in any respect fraudulent or if any
fraudulent means or device are used by the Insured or any one acting on the Insured’s
behalf, to obtain any benefit under this policy, all benefits under the Policy shall be forfeited.
8.INDEMNITY : The Company may, at its option, reinstate, replace or repair the property
or premises lost or damaged or any part thereof instead of paying the amount of loss or
damage or may join with any other Insurer in so doing but the company shall not be bound
to reinstate exactly or completely but only as circumstances permit and in reasonably
sufficient manner and in no case shall the Company be bound to expend more in reinstatement
than it would have cost to reinstate such property as it was at the time of
occurrence of such loss or damage or more than the Sum Insured by the Company
thereon.
9.ARBITRATION AND DISCLAIMER : If any dispute or difference shall arise as to the
quantum to be paid under the 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 the third arbitrator to be appointed by such two arbitrators and
arbitration shall be conducted under and in accordance with the provisions of the Arbitration
and Concilliation Act, 1996.
It is clearly agreed and understood that no difference or dispute shall be referable to
arbitraion 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 a condition precedent to any
right of action or suit upon this Policy that award by such arbitrators or umpire 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.
10. OBSERVATION OF TERMS AND CONDITIONS: The due observance and fulfillment
to 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 shall be a condition precedent to any liability of
the Company to make any payment under this policy.
GENERAL EXCEPTIONS
The Company shall not be liable in respect of
1. Loss, damage, liability or expense, whether directly or indirectly occasioned by
happening through or arising from any consequences of war, invasion, act of foreign
enemy, hostilities (whether war be declared or not) civil war, rebellion revolution,
insurrection military or usurped power or civil commotion or loot or pillage in
connection therewith.
2. Loss or damage caused by depreciation or wear and tear.
3. Consequential loss of any kind or description.
4. a) Loss or damage directly or indirectly caused by or arising from or in consequence
of or contributed to by nuclear weapons material.
b) Loss or damage directly or indirectly caused by or arising from or in consequence
of or contributed to by ionizing raditions or contamination by radio activity from any
nuclear waste from the combustion of nuclear fuel. For the purpose of this
condition 4(b) only combustion shall include any self-sustaining process of nuclear
fission.
5. Loss or damage caused by Terrorism and Sabotage activities , unless covered
specifically .
SECTION – I
FIRE AND ALLIED PERILS
( FOR BUILDING/CONTENTS)
The Company will indemnify the Insured in respect of loss of or damage to the
Building/Contents, whilst contained in the Insured premises by
i) Fire
ii) Riot, Strike or Malicious Damage
iii) Aircraft or articles dropped therefrom
iv) Impact damage ( by and rail/road vehicles or animals)
v) Earthquake, Fire and/or Shock damage
vi) Flood and Storm Damage
SPECIAL EXCEPTIONS
The company shall not be liable in respect of
(i) Loss or damage to livestock, motor vehicles, and pedal cycles.
(ii) Loss of or damage to money, securities for money, stamps, bullion, deeds,
bonds, bills of exchange, promissory notes, stock and share certificates,
business books, manuscripts, documents of any kind, unset precious stones and
jewellery and valuables.
SPECIAL CONDITION OF AVERAGE
If the property hereby insured shall at the breaking out of any fire or at the commencement
of any destruction of or damage to the property by any other peril hereby insured against
the collectively of greater value than the sum insured thereon, then the insured shall be
considered as being his own Insurer for the difference and shall bear a ratable proportion of
the loss accordingly. Provided, however, that if the sum insured hereby on the property
insured shall at the breaking out of such fire or at the commencement of such destruction
or damage be not less than 85% (eighty five percent) of the collective value of the property
insured, this conditions shall be of no purpose and effect.
COMPULSORY DEDUCTABLE (EXCESS)
a) The first 5% of each & every claim subject to a minimum of Rs. 10,000/- & maximum
of Rs. 25,000/- in respect of each & every loss arising out of "Act of God Perils" such
as lightning STFI, Earthquake, Subsidence & Landslide & Rockslide covered where
the policy.
b) The first Rs. 10,000/- for each & every loss arising out of other perils in respect of
which insured is indemnified by this policy.
SECTION – II
BURGLARY AND HOUSEBREAKING - STOCK IN TRADE INCLUDING CYLINDERS ONLY
The company will indemnity the Insured in respect of loss or damage to the contents whilst
contained in the Insured premises including attached godown by burglary, housebreaking
accompanied by the actual forcible and violent breaking into or out of the premises or any
attempt threat provided Company’s liability is limited to the amount state in the schedule.
SPECIAL EXCEPTIONS
The company shall not be liable in respect of
(i) Lossor damage where any employee of the Insured or member of the Insured’s
family is concerned as Principal or ocasionnary.
(ii) Loss of or damage to livestock, motor vehicles and pedal cycles.
(i) Loss of or damage to money, securities for money, stamps, bullion, deeds,
bonds, bills of exchange, promissory notes, stock and share certificates business
books, manuscripts, documents of any kind unset precious stones any jewellery
and valuables.
CONDITION OF PARTIAL AVERAGE
The policy is issued on the first loss basis of 25% of insured’s total value of stocks (100%)
as stated in the schedule attached to and forming part of policy.
If the property hereby insured at the time or any loss or damage be collectively greater than
the total value declared for the purpose of this insurance and incorporated in the schedule,
then the insured shall be considered as his own insurer for the difference and shall bear a
rateable share of the loss accordingly. Every item is more than one of the policy shall be
separately subject to this condition.
SECTION - III
GAS CYLINDERS IN TRANSIT.
The company will indemnify the insured in respect of loss of or damage to gas cylinders
whether filled or empty by accident or robbery or hold-up or theft whilst the gas cylinders
are in the hands of the insured and/or insured’s employees whilst in transit between the
insured’s premises and the customer’s premises.
Provided that the liability of the Company in respect of loss or damage is limited to
Maximum Rs.15,000/- per claim and Maximum Rs.30,000/- during the policy period,
provided further that the insured shall bear the first Rs.50/- of each and every claim.
However, Company’s liability is limited to the amounts shown in the schedule.
SECTION - IV
CASH IN TRANSIT / SAFE / COUNTER
The Company will indemnify the insured in respect of
a. Loss by accident or misfortune whilst the Insured’s money is in the hands of the
Insured or the Insured’s employees and is in transit between any two places within
a radius of 25 km. from the Insured’s premises as stated in the Schedule.
b. Loss of or damage to money and/or valuables by Burglary and Housebreaking,
whilst contained in safe, burglary resisting or otherwise steel cupboards/ fixed
cash box and/or such other places under lock and key.
c. Loss of money lying in the cashier’s till and/or counter in the Insured’s premises,
during business hours consequent on or following assault and/or violence against
the Insured or any employee of the Insured or any threat thereof, burglary and/or
Housebreaking provided always that such money are in the custody of a responsible
employee entrusted with the work of handling cash.
Provided always that :
1. Company’s liability is limited in respect of any one loss to the sum or sums stated
in the schedule hereto.
2. In no event the company shall be liable for any loss which is not discovered within a
period of 2 days from its occurrence and not notified forthwith to the company in writing.
3. A complete account of cash received and sent through authorized employees for
deposits in bank etc. is kept.
CONDITIONS
1. A complete account of cash in the safe/cash box shall be kept secured in
some place other than the said safe/cash box and the liability of the
Company shall be limited to the amount actually shown by such record to be
in the safe/cash box at the time of loss.
2. It is further declared and agreed that this policy does not extend to cover the loss of
money abstracted from the safe/cash box following the use of the key to the said
safe/cash box or any duplicate thereof belonging to the Insured, unless such key has
been obtained by threats or violence.
SPECIAL EXCEPTIONS
The company shall not be liable in respect of :
(a) Loss of money where any employee or the insured or member of the
Insured’s family is concerned as principal or accessory or arising out of or
attributable to act of fraud or dishonesty committed by one or more of the
employees carrying the money.
(b) Shortage due to error or omission.
SECTION - V
FIDELITY GURANTEE
If the Insured shall sustain direct pecuniary loss caused by act of fraud or dishonesty
committed by any salaried person employed by the Insured in the Insured premises, the
Company will indemnify the Insured in respect of such loss provided that
(a) the loss shall have occurred in connection with his occupation and
duties during the uninterrupted continuance of his employment and be
discovered within six months after the death, dismissal or retirement of
such person or six months after this policy shall have ceased to exist,
whichever of these events shall happen first and
(b) the liability of the company in respect of any one person or all persons
so employed and in respect of all losses in any one period of
Insurance is limited to the sum set opposite in the schedule.
SPECIAL CONDITIONS
1. In the event of loss or damage the Insured shall at once give notice to the policy and
take all practicable steps for discovering and punishing the guilty persons and for
tracing and recovering the property lost and shall be bound to satisfy the Company
that the loss claimed for has actually arisen from one of the causes insured against.
2. The company shall not be called upon to pay more than one claim in respect of the
acts or defaults of any one of the employees and then only in respect of acts and
defaults committed since the date of commencement of risk mentioned in the
Schedule hereto for such employees, Provided always and it is hereby declared
that the company shall not be liable for act or default of such employees done or
omitted to be done after the discovery by the insured of any act of forgery,
embezzlement, larceny or fraudulent conversion on the part of such employees. All
sums payable hereunder shall be payable at the Company’s Office and no sum
payable under this policy shall carry interest and the Company shall cease to be
liable for any such sums unless claimed within one year after the sums become due.
3. The insured shall if and when required by the Company but at the expense of the
Company if a conviction be obtained use all diligence in prosecuting any of the
employed to conviction for any act which such employed shall have committed and
in consequence of which a claim shall have been made under this policy and shall at
the company’s expense give all information and assistance to enable the company
to sue for and obtain reimbursement by any such Employed by reason of whose acts
of defaults a claim has been made or by the estate of such employed of any
moneys which the Company shall have become liable to pay in respect thereof.
4. Provided also that an amount equal to any salary or commission which but for the
acts or defaults on which the claim shall be founded would have become payable by
the Insured to the Employed in respect of which a claim is made hereunder or any
other money which shall be due to such employed from the Insured shall be
deducted from the amount payable under this policy and that all moneys estate and
effects of such Employed in the hands of or received or possessed by the insured
and all sums which may be or may prior to the settlement of the claim become due
from the insured to the Employed and also all moneys or effect which shall come
into the possession or power of the insured for or on account of such employed after
discovery of any act on the part of such employed, in respect of which any claim
shall be made on this policy shall be applied by the Insured in and towards making
good the amount of his claim under this policy in Priority to any other claim to the
Insured upon such moneys estates or effects.
SECTION - VI
(PEDAL CYCLES (INCLUDING TRICYCLE WHEN COVERED)
A. The Company will indemnify the Insured in respect of loss of or damage to the Pedal
Cycles belonging to the Insured by :
a) Fire, Lightning or External Explosion,
b) Riot, Strike or Malicious Act.
c) Earthquake, Fire and/or shock
d) Flood, Inundation, Storm, Tempest, Typhoon, Hurricane, Tornado or Cyclone
e) Burglary and/or Housebreaking or Theft
f) Accidental External Means
Provided that the liability of the Company in respect of loss or damage to any one
Vehicle in any one period of Insurance will not exceed the sum insured set against
such Vehicle in the Schedule.
B. The Company will indemnify the Insured in respect of al sums which the Insured
shall become legally liable to pay as compensation and litigation expenses incurred
by the Insured with the Company’s written consent for accidental death of or bodily
injury to any person other than a member of the Insured’s family or a person in the
Insured’s service or being conveyed on such pedal cycles and/or accidental damage
to property not belonging to or in the custody or control of the Insured or any
member of the Insured’s family or not being conveyed on such Pedal Cycle in the
event of accident caused by / or happening through or in connection with Pedal
Cycle insured hereunder, provided that the liability of the Company in respect of
such compensation and litigation expenses in any one period of Insurance is limited
to Rs.10,000/- (Rupees Ten Thousand Only ).
SPECIAL EXCEPTIONS
The Company shall not be liable in respect of :
(i) any accident, loss, damage or liability caused by or through or in a connection with
Pedal Cycle whilst it is being used or hire or reward or outside India.
(ii) damage caused by overloading, strain or mechanical breakdown.
(iii) loss of or damage to accessories by theft unless the Pedal Cycle is stolen at the
same time.
(iv) loss, damage or liability occurring whilst being used for racing or pacemaking.
(v) the first Rs.25/- of each and every loss arising under Sub-section (A) hereof through
accidental external means. If however the loss or damage exceeds Rs.25/- the
Company is liable to pay full for such loss or damage.
SPECIAL CONDITIONS
The Pedal Cycles should be securely locked when left unattended.
SECTION - VII
PUBLIC LIABILITY
The Company will indemnify the Insured in respect of all sums which the Insured is legally
liable to pay as compensation and litigation expenses incurred by the Insured at the
Company’s written consent in respect of accidental death or bodily injury to any person
other than a person under the Insured’s service and Insured’s family members and/of
accidental damage to property caused by or arising from the installation of gas filled
liquefied petroleum gas cylinder in the premises of the Insured’s customers or whilst such
cylinders from the Insured’s premises are in the course of being carried for installation in
the premises of the Insured’s customers or whilst such empty cylinders are in the course of
being carried from the premises of the Insured’s customers to the Insured’s premises, not
exceeding in all for the compensation and litigation expenses the limit of Any One Accident
as specified in the shedule for any one accident or a series of accidents arising from any
one event and Any One Year Limit (as stated in the schedule) for all accidents during any
one period of insurance and also whilst lying at the Insured’s premises specified in the
schedule.
SPECIAL EXCEPTIONS
The company shall not be liable in respect of
a) any compensation for death of or bodily injury to any member of the Insured’s family
or for damage to property belonging to or in the custody or the control of the
Insured’s or any member of the Insured’s family.
b) liability assumed by the Insured by agreement unless such liability would have
attached to the Insured notwithstanding such agreement. The agreement entered
into by the Insured with the Oil Company relating to the supply of liquefied
petroleum gas cylinders shall not be deemed to be an agreement within the meaning
of this exception.
c) accidents directly or indirectly caused by or traceable to or arising out of the
ownership, possession or the custody by or on behalf of the Insured of animals,
vehicles, aircrafts, ship, bus of craft of any kind.
d) claim for damage to property being part of any liquefied petroleum gas equipment or
appliance on which the Insured or any servant or member of family or agency of the
Insured is or has been working and caused directly by such work.
SPECIAL CONDITIONS
1 It is hereby warranted that all legal requirements relating to storing and transporting
of cylinders of liquefied petroleum gas and all rules laid down in the specifications of
the Chief Inspector of Explosives, Government of India are complied with.
2 It is hereby warranted that the liquefied petroleum gas cylinders supplied to the
Insured’s customers are in sound and merchantable condition and are propely
sealed and the valves are free from all defects and vice.
3 The Insured shall observe and fulfil and be subject to the terms and conditions and
limits of the policy in so far as they apply to them.
4 As regards the public liability cover in the event of the death of the Insured the
Company will in respect of the liability incurred by the insured indemnify the
insured’s personal representatives in terms of and subject to the limitations of the
policy under this section provided that such personal representatives shall be though
they were the Insured, observe fulfil and be subject to the terms, exceptions and
conditions of the policy so far as they can apply.
SECTION – VIII
WORKMEN’S COMPENSATION INSURANCE
The Company will indemnify the insured in respect of all sums which the Insured is legally
liable to pay as compensation to his workmen under the Fatal Accident Act 1855,
Workmen’s Compensation Act 1923 or any amendment thereto or at Common Law in
respect of death or bodily injury to such workmen arising out of and in the course of
employment.
SECTION – IX
PERSONAL ACCIDENT
If the Insured or any named partner director or member of managerial staff or employees of
the Insurer’s permanently working with the Insured shall sustain bodily injury solely and
directly caused by accident violent external and visible means resulting in death or
disablement as stated hereinafter the Company shall pay to the Insured or his Assignee/his
legal personal representative the sum or sums hereinafter set forth, that is to say:
(a) If such injury shall within Twelve calendar months of its occurrence be the sole and
direct cause of the death of the Insured, the Capital Sum Insured stated in the Schedule
hereto.
(b) If such injury shall within Twelve calendar months of its occurrence be the sole and
direct cause of the total and irrecoverable loss of
i) Sight of both eyes, or of the actual loss by physical separation of two entire hands or
two entire feet, or of one entire hand and one entire foot, or of such loss of sight of
one eye and such loss of one entire hand or one entire foot, the Capital Sum Insured
stated in the Schedule hereto
ii) Use of two hands or two feet, or of one hand or one foot, or of such loss of sight of
one eye and such loss of use of one hand or one foot, the Capital Sum Insured
stated in the Schedule hereto.
c) If such injury shall within twelve calendar months of its occurrence be the sole and direct
cause of the total and irrecoverable loss of
i) the sight of one eye, or of the actual loss by physical separation of one entire hand
or of one entire foot, fifty percent (50%) of the Capital Sum Insured stated in the
Schedule hereto
ii) total and irrecoverable loss of use of a hand or a foot without physical separation,
fifty percent (50%) of the Capital Sum Insured stated in the Schedule hereto.
Note For the purpose of Clause (b) and Clause (c) above, physical separation of a hand
means separation at or above the wrist and of the foot at or above the ankle.
d) If such injury shall, as a direct consequence thereof, immediately permanently totally
and absolutely, disable the Insured person from engaging in any employment or
occupation of any description whatsoever, then a lump sum equal to hundred percent
(100%) of the Capital Sum Insured.
e) In such injury shall within twelve calendar months of its occurrence be the sole and
direct cause of the total and/or partial and irrecoverable loss of use or of the actual loss
by physical separation of the following, then the percentage of the Capital Sum Insured
as indicated below shall be payable :
Percentage of Capital Sum Insured
i) Loss of toes - all 20
Great - both phalanges 5
Great - one phalanx 2
Other than great, if more than one toe lost each 1
ii) Loss of hearing - both ears 75
iii) Loss of hearing - one ear 30
iv) Loss of four fingers & thumb of one hand 40
v) Loss of four fingers 35
vi) Loss of thumb - both phalanges 25
- one phalanx 10
vii) Loss of thumb - three phalanges or 10
two phalanges or
one phalanx
viii) Loss of middle finger- three phalanges or 6
two phalanges or
one phalanx
ix) Loss of ring finger - three phalanges or 5
two phalanges or
one phalanx
x) Loss of little finger - three phalanges or 4
two phalanges or
one phalanx
xi) Loss of metacarpals - first or second (additional) or 3
third, fourth or fifth (additional)
xii) Any other permanent % as asessed by the
partial disablement Panel doctor of the
Company
f) If such injury shall be sole and direct cause of temporary total disablement, then so long as the Insured
person shall be totally disabled from engaging in any employment or occupation of any description
whatsoever, a sum at the rate of one percent (1%) of the Capital Sum Insured stated in the Schedule
hereto per week, but in any case not exceeding Rs. 3,000/- per week in all, under all policies.
Provided that the compensation payable under the foregoing Sub-Clause (f) shall not be
payable for more than 100 weeks in respect of any one injury calculated from the date of
commencement of disablement and in no case shall exceed the Capital Sum Insured.
For the purpose of benefits applicable, Table D will cover of above Benefit (a) only, Table C
will cover of above Benefit (a) to (d), Table B will cover of above Benefit (a) to (e) and
Table A will cover of above Benefit (a) to (f). The applicable benefits with CSI for the same
as more specifically described in the shedule will be considered for any liability under the
Policy.
Special Free Benefit
CARRIAGE OF DEAD BODY : It is hereby agreed that in the event of the death of the
Insured person due to accident as defined in the Policy outside his/her residence, the
Company shall pay in addition to the amounts payable under Sub-Clause (a) for
transportation of Insured person’s Dead Body to the place of residence a lump sum of 2%
of Capital Sum Insured or Rs. 2,500/- whichever is less.
EXCEPTIONS
PROVIDED ALWAYS THAT :
The Company shall not be liable under this Policy for :
1. Compensation under more than one of the foregoing Sub-Clauses in respect of the
same period of disablement.
2. Any other payment after a claim under one of the Sub-Clauses (a), (b), or (d) has been
admitted and become payable. This would not apply to payments made under medical
expenses extension, education grant and expenses for carriage of dead body.
3. Any payment in case of more than one claim under the Policy during any one period of
insurance by which the maximum liability of the Company in that period would exceed
the sum payable under sub-clause (a) of this Policy. This would not apply to payments
made under medical expenses extension, education grant and expenses for carriage of
dead body.
4. Payment of weekly compensation until the total amount shall have been ascertained
and agreed.
5. Payment of compensation in respect of Death, injury or Disablement of the Insured (a)
from intentional self-injury, suicide or attempted suicide, (b) whilst under the influence of
intoxicating liquor or drugs (c) whilst engaging in Aviation or Ballooning whilst mounting
into, dismounting from or travelling in any balloon or aircraft other than as a passenger
(fare paying or otherwise) in any duly licensed standard type of aircraft anywhere in the
world, (d) directly or indirectly caused by venereal diseases, aids or insanity, (e) arising
or resulting from the Insured committing any breach of law with criminal intent.
Standard type of Aircraft means any aircraft duly licensed to carry passengers (for hire
or otherwise) by appropriate authority irrespective of whether such an aircraft is privately
owned OR chartered OR operated by a regular airline OR whether such an aircraft has
a single engine or multi engine.
6. Payment of compensation in respect of Death, Injury or Disablement of the Insured due
to or arising out of or directly or indirectly connected with or traceable to : war, Invasion,
Act of foreign enemy, Hostilities (whether war be declared or not), Civil War, Rebellion,
Revolution, Insurrection, Mutiny, Military or Usurped Power Seizure, Capture, Arrests,
Restraints and Detainment of all kings, princes and people of whatsoever nation
condition or quality.
7. Payment of Compensation in respect of death of, or bodily injury or any disease or
illness to the Insured
(a) 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.
(b) directly or indirectly caused by or contributed to by or arising from nuclear weapon
material.
Provided also that the due observance and fulfillment of the terms and conditions of this
Policy (which conditions and all endorsements hereon are to be read as part of this
Policy) shall so far as they relate to any thing to be done or not to be done by the
Insured be a condition precedent to any liability of the Company under this Policy.
8. Pregnancy Exclusion Clause : The Insurance under this Policy shall not extend to
cover death or disablement resulting directly or indirectly caused by contributed to or
aggravated or prolonged by child birth or from pregnancy or in consequence thereof.
SPECIAL CONDITIONS
Proof satisfactory to the Company shall be furnished of all matters upon which a claim is
based. Any medical or other Agent of the company Seems of any alleged injury or
disablement when and so often as the same may reasonably be required on behalf of the
Company and in the event of death, to make a post mortem examination of the body of the
Insured. Such evidence as the Company may from time to time require shall be furnished
and at post mortem report if necessary, be furnished within the space of fourteen days after
demand in writing and in the event of a claim in respect of loss of sight the Insured shall
undergo at the Insured’s expenses such operation or treatment as the Company may
reasonably deem desirable. Provided that in the case of claim by death or permanent Total
Disablement, all sums payable hereunder shall be payable only on the delivery of this
policy for endorsement and discharge and in the case of Temporary Total Disablement only
upon termination of such disablement.
In case of Permanent Partial Disablement, all sums payable hereunder shall be payable on
the delivery of this policy for reduction of the Capital Sum Insured by the amount admissible
under the claim.
SECTION - X
P.A. BENEFIT TO ANY CUSTOMER OR ANY MEMBER OF HIS FAMILY OR ANY
OTHER PERSON IN THE PREMISES WHERE CYLINDER IS INSTALLED.
If any customer or any member of his family or any other person in the premises of the
customer shall sustain bodily injury solely and directly caused by accidental violent external
and visible means resulting in death or disablement as stated hereinafter due to installation
of Cylinder. The company shall pay to the customer/member of the family/other person in
the premises of the customer the sum or sums set forth therein. The Death and Total
Disablement benefits which are provided herein are similar to the benefits as described in
Section IX of this policy under items (a) to (e).
P.S. This benefit will not accrue to the Insured and his employees.
SECTION - XI
ACCIDENTAL BREAKAGE TO PLATE GLASS
The company will indemnify the Insured in respect of loss of or damage to fixed plate glass
in the Insured premises by accidental breakage, provided that the liability of the Company
in respect of any one loss or all losses in any one period of insurance is limited to the sum
set against in the Schedule.
SPECIAL EXCEPTIONS
The company shall not be liable in respect of :
(i) breakage or damage during removal, alterations and/or repairs on or about the
Insured premises.
(ii) Breakage of lettering unaccompanied by breakage or damage of glass.
(iii) breakage of or damage to frames or framework of any description, unless
specifically declared.
(iv) disfiguration or scratching or damage of glass other than fracture extending through
the entire thickness of glass.
(v) embossed, silvered, lettered, ornamental, curved or any glass whatsoever, other
than glass which is plain and of ordinary glazing quality unless the same be
specifically declared.
(vi) breakage of glass not completely and securely fixed.
(vii) loss or damage consequent upon interruption or delay of business or other loss
damage or injury arising from breakage of glass or during replacement thereof.
SECTION - XII
DAMAGE TO NEON SIGN / GLOW SIGN
The company will indemnify the insured in respect of loss or damage to Neon Sign/Glow
Sign, belonging to the insured by
a) Accidental external Means
b) Fire Lightning or External Explosion or theft
c) Riot, strike or Malicious Act.
d) Flood, Innundation, Storm Tempest Typhoon, Hurricane, Tornado or Cyclone
Provided that the liability of the Company in respect of any one loss or all losses in any one
period of insurance is limited to the sum set against in the Schedule.
SPECIAL EXCEPTIONS
i) The fusing or burning out of any Bulbs and/or Tubes arising from short-circuiting or
arcing or any other mechanical or electrical breakdown or faults.
ii) Depreciation and/or wear and tear due to any cause whatsoever.
iii) any consequential loss.
iv) The first Rs.50/- of each and every loss.
N.B. IN THE EVENT OF DISHONOUR OF PREMIUM CHEQUE THE POLICY
AUTOMATICALLY STANDS CANCELLED AS FROM INCEPTION.