THE NEW INDIA ASSURANCE CO. LTD.
Regd. & Head Off. : New India Assurance Building, 87, Mahatma Gandhi Rd., Fort, Mumbai - 400 001

PUBLIC LIABILITY POLICY
1. OPERATIVE CLAUSE :
WHEREAS the Insured named in the Schedule hereto and carrying on
the business described in the said Schedule has applied to THE...
COMPANY LIMITED (hereinafter called `the company') for the
indemnity hereinafter contained and has made a written proposal
and declaration which shall be the basis of this contract and is
deemed to be incorporated herein and has paid the
premium as consideration for or on account of such indemnity.
NOW THIS POLICY WITNESSETH that subject to the terms exceptions
and conditions contained herein or endorsed hereon the Company
will indemnify the Insured against their legal liability (other
than liability under the Public Liability Insurance Act, 1991 or
any other Statute based on the doctirne of "No Fault Liability")
to pay compensation including Claimant's costs, fees and expenses
anywhere in India, in accordance with Indian Law.
2. INDEMNITY :
The Indemnity only applies to claims arising out of accidents
occurring in the Insured Premises during the period of insurance
first made in writing against the Insured during the policy
period and the Insured is indemnified in accordance with the
Operative Clause for and/or arising out of Injury and/or Damage
but only against claims arising out of or in connection with the
business specified in the Schedule and not against claims arising
out of or in connection with:-
(a) Pollution howsoever caused unless specifically covered
(b) Any product.
For the purpose of determining the indemnity granted
(a) `Injury' means death, bodily injury, illness or disease
of or to any person,
(b) `Damage' means actual and/or physical damage to
tangible property;
(c) `Pollution' means pollution or contamination of the
atmosphere or of any water land or other tangible
property;
(d) `Product' means any tangible property after it has left
the custody or control of the Insured, which has been
designed, specified, formulated, manufactured,
constructed, installed, sold, supplied, distributed,
treated, serviced, altered or repaired by or on behalf
of the Insured but shall not mean food and beverages
supplied by or on behalf of the Insured primarily to
the Insured's employees as a staff benefit.
(e) `Policy Period' means the period commencing from
effective date and hour as shown in the Policy
Schedule and terminating at midnight on the expiry
date as shown in the Policy Schedule.
(f) `Period of Insurance' means the period commencing from
the retroactive date and terminating on the expiry
date as shown in the Policy Schedule.
(g) `Accident' means a fortuitous event or circumstance
which is sudden, unexpected and unintentional
including resultant continuous, intermittent or
repeated exposure arising out of the same fortuitous
event or circumstance.
(h) `Premises' shall be deemed to include pipelines running
outside the premises for discharge of treated
effluents at a disposal point situated within a
distance one kilometre from the premises.
3. (a) NOTIFICATION EXTENSION CLAUSE :
Should the Insured notify the Company during the Policy
period in accordance with General Condition 9.1 of any
specific event or circumstance which the Company
accepts may give rise to a claim or claims which form
the subject of indemnity by this policy, then the
acceptance of such notification means that the Company
will deal with such claim or claims as if they had
first been made against the Insured during the Policy
period. The extension under this Clause will be
subject to the maximum time limit laid down under the
Indian Limitation Act in force from time to time.
(b) EXTENDED CLAIM REPORTING CLAUSE :
In the event of non-renewal or cancellation of this Policy,
either by the Company or by the Insured, the Company will
allow a time limit not exceeding 90 days from the date of
expiry or cancellation of the policy provided no insurance
is in force during this extended reporting period for the
same interest, for notification of claims for accidents
which had taken place during the period of insurance but
could not be made during the policy period, provided,
however, all claims made during the extended reporting
period shall be handled as if they were made on the last day
of the expiring Policy period and are subject to the limits
of indemnity and the terms, conditions and exceptions of the
policy.
4. INDEMNITY TO OTHERS :
The indemnity granted extends to;
4.1 officials of the Insured in their business capacity
arising out of the performance of their business or in
their private capacity arising out of their temporary
engagement of the Insured's employees;
4.2 the Officers, Committees and members of the Insured's
canteen, social, sports, medical, fire fighting and
welfare organisations in their respective capacities as
such;
4.3 the personal representatives of the estate of any
person who would otherwise be indemnified by this
Policy but only in respect of liability incurred by
such person.
Provided always that all such persons or parties shall
observe, fulfil and be subject to the terms, conditions and
exclusions of this Policy as though they were the Insured.
5. CROSS LIABILITIES :
Each person or party indemnified is separately indemnified
in respect of claims made against any of they by any other
person or party (other than the named Insured) subject to
Company's total liability not exceeding the limits of
indemnity stated in the Schedule of the Policy.
6. DEFENCE COSTS :
The Company will pay all costs, fees and expenses incurred
with their prior consent in the investigation, defence or
settlement of any claim made against the Insured and the
costs of representation at any inquest, inquiry or other
proceedings in respect of matters which have a direct
relevance to any claim made or which might be made against
the Insured, provided such claim or claims are the subject
of indemnity by the Policy whether liability ultimately
attaches to the policy or not. Such costs, fees and
expenses are called `Defence Costs'.
7. INDEMNITY LIMITS :
Company's total liability to pay compensation, Claimant's costs,
fees and expenses and defence costs shall not exceed the
Indemnity limit stated in the Schedule. Indemnity Limit applies
to any one claim or series of claims arising from one originating
cause. Indemnity Limit shall represent the total amount of
Company's Liability during the Policy period.
7.1 CLAIMS SERIES CLAUSE
For the purpose of this policy where a series of and/or several
bodily injuries and/or property damages are attributable directly
or indirectly to the same cause all such bodily injuries and/or
property damages shall be added together and all such bodily
injuries and/or property damages shall be treated as one claim
and such claim shall be deemed to have been made at the point in
time when the first of the claims was made in writing. There
shall, however, be no coverage for claims made arising from one
specific cause which are made later than 3 years after the first
claim of the series.
7.2 COMPULSORY EXCESS :
The Insured shall bear as Compulsory Excess the amount or
percentage of the limit of indemnity per any one accident so
stipulated in the Schedule attached to the policy. This
Compulsory Excess shall be applicable to both (a) death/bodily
injury and (b) property damage, inclusive of defence costs
arising out of any one accident. The Company's liability shall
attach for the claim in excess of such Compulsory Excess (and
Voluntary Excess, if any, opted by the Insured).
7.3 VOLUNTARY EXCESS :
In the event of the Insured opting, the policy shall be subject
to a voluntary excess as mentioned in the schedule. This
voluntary excess shall be applicable to both (a) death/bodily
injury claims and (b) property damage claims inclusive of defence
costs arising out of any one accident. The Company's Liability
shall attach for the claims in excess of such compulsory and
voluntary excess.
8. EXCLUSIONS
This Policy does not cover liability
8.1 assumed by the Insured by agreement and which would not have
attached in the absence of such agreement.
8.2 arising out of earthquake, earth-tremor, volcanic eruption,
flood, storm, tempest, typhoon, hurricane, tornado, cyclone
or other similar convulsions of nature and atmospheric
disturbance.
8.3 arising out of deliberate, willful or intentional noncompliance
of any statutory provision.
8.4 arising out of loss of pure financial nature such as loss of
goodwill, loss of market etc.
8.5 (a) arising out of all personal injuries such as libel,
slander, false arrest, wrongful eviction, wrongful
detention, defamation etc. and mental injury, anguish,
or shock resulting therefrom;
(b) infringement of plans, copy-right, patent, trade name,
trade mark, registered design;
8.6 arising out of fines, penalties, punitive or exemplary
damages or any other damages resulting from the
multiplication of compensatory damages.
8.7 directly or indirectly occasioned by, happening through
or in consequence of war, invasion, act of foreign
enemy, hostilities (whether war be declared or not),
civil war, rebellion, revolution, insurrection or
military or usurped power.
8.8 directly or indirectly caused by or contributed to by
(a) ionising radiations or contamination by
radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel;
(b) the radioactive, toxic, explosive or other
hazardous properties of any explosive nuclear
assembly or nuclear component thereof;
This Policy does not cover liability for claims arising out
of;
8.9 the ownership possession or use by or on behalf of the
Insured of any motor vehicle or trailer for which compulsory
insurance is required by legislation other than the
following;
(a) claims caused by the use of any tool or plant forming
part of or attached to or used in connection with any
motor vehicle or trailer;
(b) claims arising beyond the limits of any carriageway or
thoroughfare caused by the loading or unloading of any
motor vehicle or trailer;
(c) claims for damage to any bridge, weighbridge, road or
anything beneath caused by the weight of any motor
vehicle or trailer or of the load carried therein;
(d) claims arising out of any motor vehicle or trailer
temporarily in the Insured's custody or control for the
purpose of parking.
8.10 transportation of materials and/or hazardous/dangerous
substances outside Insured's premises unless specifically
covered.
8.11 the ownership possession or use by or on behalf of the
Insured of any aircraft, watercraft or hovercraft.
8.12 damage to property owned leased or hired or under hirepurchase
or on loan to the Insured or otherwise in the
Insured's care custody or control other than the
(a) premises (or the contents thereof) temporarily occupied
by the Insured for work thereon or other property
temporarily in the Insured's possession for work
thereon (but no indemnity is granted for damage to that
part of the property on which the Insured is working and
which arises out of such work).
(b) employees' and visitors' clothing and personal effects.
(c) premises tenanted by the Insured to the extent that the
Insured would be held legally liable in the absence of
any specific agreement.
8.13 Injury and/or damage occurring prior to the Retroactive Date
in the Schedule.
Provided always that in the event of any injury or damage
arising from continuous or continual inhalation, ingestion
or application of any substance following the covered
accident and where the Insured and Company cannot agree when
the injury or damage occurred, then
(a) Injury shall be deemed to have occurred when the
claimant first consulted a qualified medical
practitioner in respect of such injury;
(b) Damage shall be deemed to have occurred when it first
became evident to the claimant even if the cause was
unknown.
8.14 the deliberate, conscious or intentional disregard of the
Insured's technical or administrative management of the need
to take all reasonable steps to prevent claims.
8.15 injury to any person under the contract of employment or
apprenticeship with the Insured their contractor(s) and/or
Sub-Contractor(s) when such Injury arises out of the
execution of such contract.
8.16 liability more specifically insured elsewhere.
9. GENERAL CONDITIONS
9.1 The Insured shall give written notice to the Company as soon
as reasonably practicable of any claim made against the
Insured (or any specific event or circumstance that may give
rise to a claim being made against the Insured) and which
forms the subject of indemnity under this policy and shall
give all such additional information as the Company may
require. Every claim, writ, summons or process and all
documents relating to the event shall be forwarded to the
Company immediately they are received by the Insured.
9.2 No admission, offer, promise or payment shall be made or
given by or on behalf of the Insured without the written
consent of the Company.
9.3 The Company will have the right, but in no case the
obligation, to take over and conduct in the name of the
insured the defence of any claim and will have full
discretion in the conduct of any proceedings and in the
settlement of any claim and having taken over the defence of
any claim may relinquish the same. All amounts expended by
the Company in the defence settlement or payment of any
claim will reduce the limits of indemnity specified in the
Schedule of the Policy.
In the event the Company, in its sole discretion, choose to
exercise its right pursuant to this condition, no action
taken by the Company in the exercise of such right will
serve to modify or expand in any manner, the Company's
liability or obligations under this policy beyond what the
Company's liability or obligations would have been had it
not exercised its rights under this condition.
9.4 The Insured shall give all such information and assistance
as the Company may reasonably require.
9.5 The Insured shall give notice as soon as reasonably
practicable of any fact, event or circumstance which
materially changes the information supplied to the Company
at the time when this policy was effective, and the Company
may amend the terms of this Policy according to the
materiality of such change.
9.6 The Company may at any time pay to the Insured in connection
with any claim or series of claims under this Policy to
which an Indemnity Limit applies the amount of such Limit
(after deduction of any sums already paid) or any lesser
amount for which such 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 claims.
9.7 The 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 the
Schedule shall bear such specific meaning wherever it may
appear. The terms, conditions and exclusions of this Policy
(and any phrase or word contained therein) shall be
interpreted in accordance with Indian Law.
9.8 The Insured shall keep accurate records of annual turnover
which term shall include all leviable duties and at the time
of renewal of Insurances declare such details as the Company
may require. The Company shall at all reasonable time have
free access to inspect such records.
9.9 If at the time of happening of any event resulting into a
liability under this Policy, there be any other Public
Liability Insurance or Insurances effected by the Insured or
by any other person covering the same liability, then the
Company shall not be liable to pay or contribute more than
its rateable proportion of such liability.
9.9A This Policy does not cover liability which at the time of
happening of any event resulting into such liability, be
insured by or would, but for the existence of this policy,
be insured by, any other Policy (but not a Public Liability
Policy) or Policies, except in respect of any excess beyond
the amount which could have been payable under such
Policy/Policies, had this Insurance not been effected.
9.10 The Company may cancel this Policy by giving thirty days'
notice in writing of such cancellation to the Insured's last
known address and in such an event the Company will return a
pro-rata portion of the premium (subject to a minimum
retention of 25 per cent of the annual premium) for the
unexpired part of the Insurance.
The Policy may also be cancelled by the Insured by giving
thirty days' notice in writing to the Company, in which
event the Company will retain premium at short-period scale
provided there is no claim under the Policy during the
period of Insurance.
In case of any claim under the Policy no refund of premium
shall be allowed.
9.11 In the event of liability arising under the policy or the
payment of claim under the policy, the Limit of Indemnity
per any one year under the Policy shall get reduced by the
extent of quantum of liability to be paid or actual payment
of such claim. Under no circumstances, it shall be
permissible to reinstate the limit of indemnity to the
original level, even on payment of extra premiums.
9.12 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 12
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.
9.13 The Company shall not be liable to make any payment under
this Policy in respect of any claim if such claim shall be
in any manner fraudulent or supported by any statement or
device whether by Insured or by any person on behalf of the
Insured and/or if the insurance has been continued in
consequences of any material mis-statement or the nondisclosure
of any material information by or on behalf of
the Insured.
9.14 POLICY DISPUTES CLAUSE
Any dispute concerning the interpretation of the terms,
conditions limitations and/or exclusions contained herein is
understood and agreed to by both the Insured and the Company
to be subject to Indian Law. Each party agree to submit to
the jurisdiction of any Court of competent jurisdiction
within India and to comply with all requirements necessary
to give such Court of Jurisdiction. All matters arising
hereunder shall be determined in accordance with the law and
practice of such Court.
N.B. IN THE EVENT OF DISHONOUR OF PREMIUM CHEQUE THE POLICY
AUTOMATICALLY STANDS CANCELLED AS FROM INCEPTION.
ENDORSEMENTS ATTACHED TO THE PUBLIC LIABILITY POLICY UPON
PAYMENT OF ADDITIONAL PREMIUM AND SPECIFIC COVERAGE FOR THE
SAME BEING SPECIFIED IN THE POLICY SHEDULE.
POLLUTION LIABILITY ENDORSEMENT
INDUSTRIAL SEEPAGE, POLLUTION AND CONTAMINATION
This Insurance does not cover any liability for :
1. Death or Bodily Injury or loss of, damage to, or loss of use
of property directly or indirectly caused by seepage,
pollution or contamination, provided always that this
paragraph (1) shall not apply to liability for death or
bodily injury or loss of physical damage to or destruction
of tangible property, or loss of use of such property
damaged or destroyed, where such seepage, pollution or
contamination is caused by a sudden, unintended and
unexpected happening which takes place in its entirety at a
specific time and place during the Policy period.
2. The reasonable cost of removing, nullifying or cleaning-up
seeping, polluting or contaminating substances unless the
seepage, pollution or contamination is caused by a sudden,
unintended and unexpected happening which takes place in its
entirety at a specific time and place during the Policy
period whether a claim has been made or not against the
insured.
3. Fines, penalties, punitive or exemplary damage.
This clause shall not extend this Insurance to cover any
liability which would not have been covered under this Insurance
had this Clause not been attached, except in so far as detailed
herein.
This endorsement is granted in consideration of additional
premium of Rs. _____________ subject otherwise to the terms,
exceptions, conditions and limitations of the within mentioned
policy.
Dated at ________ this ___________ day of ________ 19__
For & on behalf of
Authorised Signatory
CARRIAGE OF EFFLUENTS (OUTSIDE THE PREMISES) EXTENSION.
NOTWITHSTANDING anything herein contained to the contrary and in
consideration of an additional premium of Rs. __________ it is
hereby agreed and declared that the insurance under this policy
shall extend to include legal liability of the Insured for death
or bodily injury or loss of or damage to or loss of use of
property arising out of accident directly caused by treated
effluents whilst being carried by pipe lines outside the premises
insured to the discharge point as declared to the Company and
claims made during the policy period.
It is expressly agreed and understand that the cover granted
under the endorsement shall not include pollution risk, howsoever
caused, unless specifically covered by attaching an appropriate
clause.
Provided always that the statutory provisions as may be in force
from time to time for treatment and discharge of effluents are
complied with.
Also provided always that all other terms, conditions provisions
and exceptions the policy shall apply to this extension as if
they have incorporated herein.
Dated at ____________ this _________ day of ___________ 19 _____.
For and on behalf of
Authorised Signatory
Endorsement to cover liability arising out of Transportation
Endorsement No. __________ attached to and forming part of Public
Liability Policy No. _________________.
Name of the Insured _____________________________________________
NOTWITHSTANDING anything herein contained to the contrary and in
consideration of an additional premium of Rs. ____________ it is
hereby agreed and declared that the insurance under this policy
shall extend to include legal liability of the Insured for death
or bodily injury or loss of or damage to or loss of use of
property arising out of accident directly caused by
materials/dangerous or hazardous substances as per list submitted
to the company whilst being transported by rail/road/pipeline and
claims made during the policy period subject to limit of
indemnity not exceeding the following which shall form part of
the overall limit of indemnity as mentioned in the Schedule of
the Policy.
Any One Accident :
Aggregate during the Policy Period :
It is expressly agreed and understood that the cover granted
under the endorsement shall not include pollution risk, howsoever
caused unless specifically covered by attaching an appropriate
clause.
Provided always that the statutory provisions as may be in force
from time to time for carriage of dangerous/hazardous substances
are complied with.
Also provided always that all other terms, conditions, provisos
and exceptions of the policy shall apply to this extension as if
they have been incorporated herein.
Dated at ________ this ___________ day of ________ 19__
For & on behalf of
Authorised Signatory
TECHNICAL COLLABORATORS INCLUSION ENDORSEMENT
NOTWITHSTANDING anything herein contained to the contrary and in
consideration of an additional premium of Rs. _____________ it is
agreed that this policy is extended to include the legal
liability of _____________ (hereunder referred to as the
Collaborator) with respect to the Technical Collaboration
Agreement between the named Insured and the Collaborator. The
declarations, insuring agreements, all definitions, exclusions,
terms, conditions and limit of indemnity of this policy other
wise remain unchanged.
No claim shall be payable under this policy unless the cause of
action arises in India and the liability to pay claim is
established against the Insured in an Indian Court. It is
further agreed and understood that only India Law shall be
applicable to actions brought in India.
Dated at ________ this ___________ day of ________ 19__
For & on behalf of
Authorised Signatory
N.B. - ENDORSEMENTS ATTACHED TO THE PUBLIC LIABILITY POLICY ARE
APPLICABLE UPON PAYMENT OF ADDITIONAL PREMIUM AND SPECIFIC
COVERAGE FOR THE SAME BEING SPECIFIED IN THE POLICY SHEDULE.