TWO WHEELER INSURANCE POLICY IN 2021

 TWO WHEELER INSURANCE POLICY IN 2021




STANDARD FORM FOR TWO WHEELER 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 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.) NOW THIS POLICY WITNESSETH That subject to the Terms Exceptions and Conditions contained herein or endorsed or otherwise expressed hereon. SECTION I : LOSS OF OR DAMAGE TO THE VEHICLE INSURED The Company will indemnify the insured against loss or damage to the vehicle insured hereunder and/or its accessories whilst thereon 1. By re explosion self ignition or lightning; 2. By burglary housebreaking or theft; 3. By riot and strike; 4. By earthquake (re and shock damage); 5. By ood typhoon hurricane storm tempest inundation cyclone hailstorm frost; 6. By accidental external means; 7. By malicious act; 8. By terrorist activity; 9. Whilst in transit by road rail inland-waterway lift elevator or air; 10. By landslide rockslide. 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 and batteries -50% 2. For bre glass components 30% 3. 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 :

4. 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 inuence 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 redelivery to the Insured but not exceeding in all `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:1. The estimated cost of such repair including replacements, if any, does not exceed `150/2. The Company is furnished forthwith a detailed estimate of the cost of repairs and 3. The insured shall give the Company every assistance to see that such repair is necessary and the charges are reasonable. SUM INSURED -INSURED'S DECLARED VALUE (IDV) 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 xed at the commencement of each policy period for the insured vehicle. The IDV of the vehicle (and side car/accessories, if any, tted to the vehicle) is to be xed 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.

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 the total painting charges for the purpose of applying the depreciation. The Company shall not be liable to make any payment in respect of : 1. Consequential loss, depreciation, wear and tear, mechanical or electrical breakdown failures or breakages ; 2. 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. 3. Loss of or damage to accessories by burglary housebreaking or theft unless the vehicle is stolen at the same time ; and

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. SECTION II -LIABILITY TO THIRD PARTIES 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 a. 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, b. 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. 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 fulll 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 fulll and be subject to the terms exceptions and conditions of this Policy in so far as they apply. 5. The Company may at its own option 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. AVOIDANCE OF CERTAIN TERMS AND RIGHT OF RECOVERY Nothing in this Policy or any endorsement hereon shall affect the right of any person indemnied 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. APPLICATION OF LIMITS OF INDEMNITY 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 indemnied and such indemnity shall apply in priority to the insured SECTION III -PERSONAL ACCIDENT COVER FOR OWNER-DRIVER 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:

Nature of injury

Scale of compensation (i) Death 100% (ii) Loss of two limbs or sight of two eyes or one limb and sight of one eye 100% (iii) Loss of one limb or sight of one eye 50% (iv) Permanent total disablement from injuries other than named above 100%

Provided always that 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 `15 lakhs 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 self injury suicide or attempted suicide physical defect or inrmity or (b) an accident happening whilst such person is under the inuence of intoxicating liquor or drugs. 3. Such compensation shall be payable directly to the insured or to his/her legal representatives whose receipt shall be the full discharge in respect of the injury to the insured. This cover is subject to

a. The Owner-Driver is the registered owner of the vehicle insured herein; b. The Owner-Driver is the insured named in this policy. 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 The personal accident cover for owner driver is mandatory for a period of one year and may be extended, in line with the duration of policy, at the discretion of the customer”

GENERAL EXCEPTIONS (Applicable to all sections of the Policy) The Company shall not be liable in respect of: 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: 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 accident 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 purposes of this exception combustion shall include any self-sustaining process of nuclear ssion. 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 or 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 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 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 -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 specic 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. Wherever details pertaining to any incident which results in a claim, are conveyed by the insured to the insurer after reasonable period, insured shall provide the reasons of such delay to the insurer and insurer may on analysis of reasons provided by insured, condone the delay in intimation

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 of claim or delay in providing the required information/documents to the insurer. 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 benet 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 specied 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 specied. 4. The Insured shall take all reasonable steps to safeguard the vehicle from loss or damage and to maintain it in efcient 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 `100/- (or `25/-in respect of vehicles specically designed/modied 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 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 rst 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 fulllment 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 Certicate in respect of the insured b) Proof of title to the vehicle c) Original Policy. NO CLAIM BONUS : No Claim Bonus, wherever applicable, will be as per the following table.

ALL TYPES OF VEHICLES

% OF DISCOUNT ON OWN DAMAGE PREMIUM

No claim made or pending during the preceding full year of insurance 20% No claim made or pending during the preceding  2 consecutive years of insurance 25% No claim made or pending during the preceding 3 consecutive years of insurance 35% No claim made or pending during the preceding 4 consecutive years of insurance 45% No claim made or pending during the preceding 5 consecutive years of insurance 50%


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Sunset Clause: If at the renewal falling due any time between 1st 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 teh 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. INDIA MOTOR TARIFF  ENDORSEMENTS IMT. 1. Extension of Geographical Area In consideration of the payment of an additional premium of `............................ it is hereby understood and agreed that notwithstanding anything contained in this Policy to the contrary the Geographical Area in this Policy shall from the ...... /...... /.......... to the ...... /...... /.......... (both days inclusive) be deemed to include * It is further specically 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. NOTE : Insert Nepal/ Sri Lanka/ Maldives/ Bhutan/ Pakistan/Bangladesh as the case may be. IMT. 2. AGREED VALUE CLAUSE (APPLICABLE ONLY TO VINTAGE CARS) It is hereby declared and agreed that in case of TOTAL LOSS/CONSTRUCTIVE TOTAL LOSS of the Vintage Car insured hereunderdue 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.


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