Professional Documents
Culture Documents
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 EDELWEISS GENERAL INSURANCE COMPANY LIMITED (hereinafter called
“the Company”) for the insurance hereinafter contained and has paid the premium mentioned in the Schedule as consideration
for such insurance in respect of accidental loss or damage occurring during the period of insurance.
SECTION I
LOSS OF OR DAMAGE TO THE VEHICLE INSURED
1) The Company will indemnify the Insured against loss or e. Rate of Depreciation for painting : In the case of painting,
damage to the vehicle insured hereunder and / or its acces- the depreciation rate of 50% shall be applied only on Material
sories whilst thereon cost of total painting charges. In case of consolidated bill for
i. by fire explosion self ignition or lightning ; painting charges, the material component shall be considered
ii. by burglary housebreaking or theft ; as 25% of total painting charges for the purpose of applying
iii. by riot and strike; the depreciation.
iv. by earthquake (fire and shock damage); 2) The Company shall not be liable to make any payment in
v. by flood typhoon hurricane storm tempest inundation respect of
cyclone hailstorm frost; (a) consequential loss, depreciation, wear and tear, mechani-
vi. by accidental external means; cal or electrical breakdown, failures or breakages nor for
vii. by malicious act; damage caused by overloading or strain of the insured vehicle
viii. by terrorist activity; nor for loss of or damage to accessories by burglary, house-
ix. whilst in transit by road rail inland-waterway lift elevator breaking or theft unless such insured vehicle is stolen at the
or air; same time.
x. by landslide rockslide (b) damage to Tyres and Tubes unless the vehicle is damaged
at the same time in which case the liability of the Company
Subject to a deduction for depreciation at the rates mentioned shall be limited to 50% of the cost of replacement.
below in respect of parts replaced: and
a. For all rubber/ nylon / plastic parts, tyres and tubes, batter- (c) any accidental loss or damage suffered whilst the Insured
ies and air bags - 50% or any person driving the vehicle with the knowledge and
b. For fibre glass components – 30% consent of the Insured is under the influence of intoxicating
c. For all parts made of glass - Nil liquor or drugs.
d. Rate of depreciation for all other parts including wooden 3) In the event of the vehicle being disabled by reason of loss
parts will be as per the following schedule. or damage covered under this Policy the Company will bear
the reasonable cost of protection and removal to the nearest
% Of
Age Of Vehicle repairer and re-delivery to the Insured but not exceeding
Depreciation
Not exceeding 6 months Nil `750/- for three wheeled vehicles, `1,500/- for taxis and
Exceeding 6 months but not exceeding 1 year 5% `2,500/- for other commercial vehicles in respect of any one
Exceeding 1 year but not exceeding 2 years 10% accident.
Exceeding 2 year but not exceeding 3 years 15% 4) The insured may authorize the repair of the vehicle
Exceeding 3 year but not exceeding 4 years 25% necessitated by damage for which the Company may be
Exceeding 4 year but not exceeding 5 years 35% liable under this Policy provided that:
Exceeding 5 year but not exceeding 10 years 40% (a)The estimated cost of such repair including replacements,
Exceeding 10 years 50% if any, does not exceed `500/-
SECTION II
LIABILITY TO THIRD PARTIES
1) Subject to the limits of liability as laid down in the Schedule (a) The Company shall not be liable in respect of death, injury
hereto the Company will indemnify the Insured in the event of damage caused or arising beyond the limits of any carriage
an accident caused by or arising out of the use of the vehicle way or thoroughfare in connection with the bringing of the
against all sums which the Insured shall become legally liable load to the insured vehicle for loading thereon or the taking
to pay in respect of :- away of the load from the insured vehicle after unloading
i) death of or bodily injury to any person caused by or arising there from.
out of the use (including the loading and/or unloading) of the (b) Except so far as is necessary to meet the requirements of
vehicle. the Motor Vehicle Act the Company shall not be liable in
ii) damage to property caused by the use (including the loading respect of death or bodily injury to any person in the employ-
and/or unloading) of the vehicle. ment of the Insured arising out of and in the course of such
Provided always that: employment.
SECTION III
TOWING DISABLED VEHICLES
The Policy shall be operative whilst the insured vehicle is Provided always that
being used for the purpose of towing any one disabled
mechanically propelled vehicle and the indemnity provided by (a) Such towed vehicle is not towed for reward.
Section II of this Policy shall subject to its terms and limita- (b) The Company shall not be liable by reason of this Section
tions be extended to apply in respect of liability in connec- of this Policy in respect of damage to such towed vehicle or
tion with such towed vehicle; property being conveyed thereby.
SECTION IV
PERSONAL ACCIDENT COVER FOR OWNER-DRIVER
Subject otherwise to the terms exceptions conditions and a co-driver, caused by violent accidental external and visible
limitations of this Policy, the Company undertakes to pay means which independent of any other cause shall within six
compensation as per the following scale for bodily injury/ calendar months of such injury result in:
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
GENERAL EXCEPTIONS
(Applicable to all Sections of the Policy)
The Company shall not be liable under this Policy in respect of 5) Any accidental loss or damage or liability directly or
indirectly caused by or contributed to by or arising from nucle-
1) Any accidental loss or damage and/or liability caused ar weapons material.
sustained or incurred outside the geographical area; 6) Any accidental loss damage and/or liability directly or
2) Any claim arising out of any contractual liability; indirectly or proximately or remotely occasioned by contribut-
3) any accidental loss damage and/or liability caused ed to by or traceable to or arising out of or in connection with
sustained or incurred whilst the vehicle insured herein is war, invasion, the act of foreign enemies, hostilities or warlike
(a) being used otherwise than in accordance with the ‘Limita- operations (whether before or after declaration of war) civil
tions as to Use’ war, mutiny rebellion, military or usurped power or by any
or direct or indirect consequence of any of the said occurrences
(b) being driven by or is for the purpose of being driven by and in the event of any claim hereunder the Insured shall
him/her in the charge of any person other than a Driver as prove that the accidental loss damage and/or liability arose
stated in the Driver's Clause. independently of and was in no way connected with or
4) (a) any accidental loss or damage to any property whatso- occasioned by or contributed to by or traceable to any of the
ever or any loss or expense whatsoever resulting or arising said occurrences or any consequences thereof and in default
there from or any consequential loss of such proof, the Company shall not be liable to make any
(b) any liability of whatsoever nature directly or indirectly payment in respect of such a claim.
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.
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 the Section and relinquish the conduct of any defence settle-
word or expression to which a specific meaning has been ment or proceedings and the Company shall not be respon-
attached in any part of this Policy or of the Schedule shall bear sible for any damage alleged to have been caused to the
the same meaning wherever it may appear. Insured in consequence of any alleged action or omission of
the Company in connection with such defence settlement
1. Notice shall be given in writing to the Company immediately or proceedings or of the Company relinquishing such
upon the occurrence of any accidental loss or damage in the conduct; nor shall the Company be liable for any costs or
event of any claim and thereafter the insured shall give all expenses whatsoever incurred by the Insured or any claimant
such information and assistance as the Company shall or other person after the Company shall have relinquished
require. Every letter claim writ summons and/or process or such conduct.
copy thereof shall be forwarded to the Company immediately 4. The Company may at its own option repair reinstate or
on receipt by the Insured. Notice shall also be given in writing replace the vehicle or part thereof and/or its accessories or
to the Company immediately the Insured shall have knowledge may pay in cash the amount of the loss or damage and the
of any impending prosecution, inquest or fatal inquiry in liability of the Company shall not exceed:
respect of any occurrence which may give rise to a claim (a) For total loss / constructive total loss of the vehicle - the
under this Policy. In case of theft or criminal act which may be Insured's Declared Value (IDV) of the vehicle (including acces-
the subject of a claim under this Policy the Insured shall give sories thereon) as specified in the Schedule less the value of
immediate notice to the police and co-operate with the the wreck.
Company in securing the conviction of the offender. Wherever (b) For partial losses, i.e. losses other than Total Loss/Con-
details pertaining to any incident which results in a claim, are structive Total Loss of the vehicle - actual and reasonable
conveyed by the insured to the insurer after reasonable period, costs of repair and/or replacement of parts lost/damaged
insured shall provide the reasons of such delay to the insurer subject to depreciation as per limits specified.
and insurer may on analysis of reasons provided by insured, 5. The Insured shall take all reasonable steps to safeguard
condone the delay in intimation of claim or delay in providing the vehicle from loss or damage and to maintain it in efficient
the required information/documents to the insurer. condition and the Company shall have at all times free and full
2. No admission offer promise payment or indemnity shall access to examine the vehicle or any part thereof or any
be made or given by or on behalf of the Insured without the driver or employee of the Insured. In the event of any accident
written consent of the Company which shall be entitled if it so or breakdown, the vehicle shall not be left unattended without
desires to take over and conduct in the name of the Insured proper precautions being taken to prevent further damage or
the defence or settlement of any claim or to prosecute in the loss and if the vehicle be driven before the necessary repairs
name of the Insured for its own benefit any claim for indemni- are effected any extension of the damage or any further
ty or otherwise and shall have full discretion in the conduct of damage to the vehicle shall be entirely at the Insured's own
any proceedings or in the settlement of any claim and the risk.
Insured shall give all such information and assistance as the 6. The Company may cancel the Policy by sending seven days
Company may require. notice by recorded delivery to the Insured at Insured’s last
3. At any time after the happening of any event giving rise to known address on the grounds of misrepresentation, fraud,
a claim under Section II of this Policy the Company may pay non-disclosure of material facts or non-cooperation and in
to the Insured the full amount of the Company's liability under such event will return to the Insured the premium paid less the
RULES APPLICABLE
TO TANKERS CARRYING HAZARDOUS CHEMICALS
I. Rule 129 – A - Spark arrester (a) the goods carriage has a valid registration to carry the said
Six month from the date of commencement of Central Motor goods;
Vehicles (Amendment) Rules 1993, every goods carriage (b) the vehicle is equipped with necessary first-aid, safety
carrying goods of dangerous or hazardous nature to human equipment and antidotes as may be necessary to contain any
life, shall be fitted with a spark arrester. accident;
(c) that transporter or the owner of the goods carriage has full
II. Rule 131 - Responsibility of the consignor for safe transport and adequate information about the dangerous or hazardous
of dangerous or hazardous goods. goods being transported; and
(1)It shall be responsibility of the consignor intending to (d) that the driver of the goods carriage is trained in handling
transport any dangerous or hazardous goods listed in Table II, the dangers posed during transport of such goods.
to ensure the following, namely :-
A) Defensive driving
Questionnaire
Cause of accidents
Accidents statistics
Driver’s personal fitness
Car condition
Breaking distance
Highway driving
Road/Pedestrian crossing Duration of training for A& B – 1st and 2nd day
Railway crossing
Adapting to weather
Head on collision
Rear end collision
Night driving
Films and discussion
C) Product safety
UN panel Product Information Emergency procedure
•UN classification Duration of training •TREMCARDS •Communication
•Hazchem code for C)-3rd day •CISMSDS •Spillage handling
•Toxicity, Flammability, other definitions. •Importance of temperature pressure, •Use of FEE
level. •Fire fighting
•Explosive limits •First aid
•Knowledge about equipment •Toxic release control
•Protection of wells, rivers,lakes, etc.
•Use of protective equipment
•Knowledge about valves etc.
Save as by this Endorsement expressly agreed nothing herein Subject otherwise to the terms, exceptions, conditions and
shall modify or affect the rights and liabilities of the Insured or limitations of the Policy
the Company respectively under or in connection with this
Policy. * The name of the certifying Automobile Association is to be
inserted.
Subject otherwise to the terms exceptions conditions and ** Premium discount calculated as per tariff provision is to be
limitations of this Policy. inserted. For mid-term certification of installation of Anti Theft
device pro-rata proportion of tariff discount for the unexpired
IMT7. VEHICLE SUBJECT TO HYPOTHECATION period is to be inserted.
AGREEMENT
It is hereby declared and agreed that the vehicle insured is IMT. 11.A. VEHICLES LAID UP (Lay up period declared)
pledged to / hypothecated with ……(hereinafter referred to Notwithstanding anything to the contrary contained herein it is
as the "Pledgee") and it is further understood and agreed that hereby understood and agreed that from …/ …/….. to…/
the “Pledgee” is interested in any monies which but for this …./….. the vehicle insured is laid up in garage and not in use
Endorsement would be payable to the Insured under this and during this period all liability of the Company under this
Policy in respect of such loss or damage to the vehicle insured Policy in respect of the vehicle insured is suspended SAVE
a) # the Company will deduct from the next renewal premium NB.1. In case of Liability Only Policies the words in CAPITALS
the sum of `………* and the No Claim Bonus (if any) shall be should be deleted.
calculated on the next renewal premium after deduction of
such sum. NB.2. In case of policies covering Liability Only and
b) # the period of insurance by this Policy is extended to (a) Fire risks, the words “ BURGLARY HOUSEBREAKING OR
.…./…../……. in view of the payment of an additional THEFT” are to be deleted;
premium of ` ……….**
(b) Theft risks, the words’ “FIRE EXPLOSION SELF IGNITION
Subject otherwise to the terms exceptions conditions and OR LIGHTNING” are to be deleted.
limitations of this Policy.
(c) Fire and Theft risks no part of the words in capitals are to
NB.1. # To delete (a) or (b) as per option exercised by the be deleted.
Insured.
IMT. 11(C). TERMINATION OF THE UNDECLARED PERIOD
NB.2. * The proportionate full Policy premium for the period of OF VEHICLE LAID UP.
lay up less the proportionate premium for the Fire and /or It is hereby understood and agreed that the insurance by this
Theft risks for the lay up periods is to be inserted. Policy in respect of vehicle no. ……….. insured hereunder is
reinstated in full from ……./……/…… and the Endorse-
NB.3 ** The proportionate premium required for Fire and / or ment IMT 11(B) attaching to this Policy shall be deemed to be
Theft cover for the vehicle for the laid – up period is to be cancelled. It is further agreed that in consideration of the
inserted . period during which the vehicle no. ………………. has
been out of use
NB.4. In case of Liability Only Policies the words in CAPITALS
should be deleted. a) # The Company will deduct from the next renewal premium
NB.5. In case of policies covering Liability Only and the sum of `………* and the No Claim Bonus (if any) shall
be calculated on the next renewal premium after deduction of
(a) Fire risks, the words “BURGLARY HOUSEBREAKING OR such sum.
THEFT” are to be deleted;
(b) Theft risks, the words’ “FIRE EXPLOSION SELF IGNITION OR b) # the period of insurance by this Policy is extended to
LIGHTNING ” are to be deleted. .…./…../……. in view of the payment of an additional
(c) Fire and Theft risks no part of the words in capitals are to premium of ` ……….**
be deleted.
Subject otherwise to the terms exceptions conditions and
IMT. 11. B. VEHICLES LAID UP (Lay up period not declared) limitations of this Policy.
Notwithstanding anything to the contrary contained herein it is
hereby understood and agreed that as from ….. / ….. /….. NB.1. # To delete (a) or (b) as per option exercised by the
the vehicle no. ………… insured hereunder is laid up in insured.
garage and not in use and liability of the Company under this
Policy in respect of the said vehicle is suspended SAVE ONLY NB.2. * The proportionate full Policy premium for the period of
IN RESPECT OF LOSS OR DAMAGE TO THE SAID VEHICLE lay up less the proportionate premium for the Fire and /or
CAUSED BY FIRE EXPLOSION SELF-IGNITION OR LIGHTNING Theft risks for the lay up periods is to be inserted.
IMT17. PERSONAL ACCIDENT COVER TO PAID DRIVERS, IMT19. COVER FOR VEHICLES IMPORTED WITHOUT
CLEANERS AND CONDUCTORS CUSTOMS DUTY
(Applicable to all classes of vehicles) Notwithstanding anything to the contrary contained in this
In consideration of the payment of an additional premium, it is Policy it is hereby understood and agreed that in the event of
hereby understood and agreed that the Company undertakes loss or damage to the vehicle insured and/or its accessories
to pay compensation on the scale provided below for bodily necessitating the supply of a part not obtainable from stocks
injury as hereinafter defined sustained by the paid driver/- held in the country in which the vehicle insured is held for
(b) the reasonable cost of fitting such parts. If the expenditure incurred by the Company shall include any
amount for which the Insured is responsible hereunder such
Subject otherwise to the terms conditions limitations and amount shall be repaid by the Insured to the Company
exceptions of this Policy. forthwith.
* Insert ‘Condition 3’ in the case of the Private Car and Motors- For the purpose of this Endorsement the expression "event”
ied Two Wheeler Policies and ‘Condition 4’ in the case of shall mean an event or series of events arising out of one
Commercial Vehicles Policy. cause in connection with the vehicle insured in respect of
which indemnity is provided under this Policy.
IMT20. REDUCTION IN THE LIMIT OF LIABILITY FOR PROP-
ERTY DAMAGE Subject otherwise to the terms conditions limitations and
It is hereby understood and agreed that notwithstanding exceptions of this Policy.
anything to the contrary contained in the Policy the Company
liability is limited to `6,000/- (Rupees six thousand only) for *to insert amount as appropriate to the class of vehicle
damage to property other than the property belonging to the insured as per GR.40 of the tariff.
Insured or held in trust or in custody or control of the Insured
IMT22. COMPULSORY DEDUCTIBLE
In consideration of this reduction in the limit of liability a reduc- (Applicable to Private Cars, three wheelers rated as
tion in premium of `…..* is hereby made to the Insured . private cars, all motorized two wheelers, taxis, private
car type vehicle plying for public/private hire, private
Subject otherwise to the terms conditions limitations and type taxi let out on private hire)
exceptions of the Policy. Notwithstanding anything to the contrary contained in the
Policy it is hereby understood and agreed that the Insured
*To insert `50 for Two wheelers, `100 for private cars, `150 shall bear under Section 1 of the Policy in respect of each and
for Commercial Vehicles – three wheelers and taxis or `200 every event (including event giving rise to a total loss/con-
for Commercial Vehicles (excluding three wheelers and taxis). structive total loss) the first `...*(or any less expenditure which
may be incurred) of any expenditure for which provision has
IMT21. SPECIAL EXCLUSIONS AND COMPULSORY been made under this policy and/or of any expenditure by the
DEDUCTIBLE (Applicable to all Commercial Vehicles Company in the exercise of his discretion under Condition no
excluding taxis and motorized two wheelers carrying …** of this Policy .
passengers for hire or reward.)
IMT26. FIRE AND/OR THEFT RISKS ONLY IMT28. LEGAL LIABILITY TO PAID DRIVER AND/OR
(Not applicable for Miscellaneous and Special Types of CONDUCTOR AND/OR CLEANER EMPLOYED IN
vehicles rateable under Class -D and Motor Trade Policies CONNECTION WITH THE OPERATION OF INSURED VEHICLE
under Classes- E, F and G of the Commercial Vehicles (For all Classes of vehicles.)
Tariff) In consideration of an additional premium of `25/- notwith-
Notwithstanding anything to the contrary contained in the standing anything to the contrary contained in the Policy it is
Policy it is hereby understood and agreed that Section II of the hereby understood and agreed that the Company shall indem-
Policy is deemed to be cancelled and under Section I thereof nify the Insured against the insured’s legal liability under the
the Company shall only be liable to indemnify the Insured Workmen's Compensation Act, 1923 , the Fatal Accidents Act,
against loss or damage by fire explosion self ignition lightning 1855 or at Common Law and subsequent amendments of
and/or burglary housebreaking theft and riot strike malicious these Acts prior to the date of this Endorsement in respect of
damage terrorism storm tempest flood inundation and earth- personal injury to any paid driver and/or conductor and/or
quake perils whilst the vehicle is laid up in garage and not in cleaner whilst engaged in the service of the Insured in such
use. occupation in connection with the vehicle insured herein and
will in addition be responsible for all costs and expenses
Subject otherwise to the terms conditions limitations and incurred with its written consent.
exceptions of this Policy.
Provided always that:
NB. (i) In case of Fire Risk only, the words “burglary house-
breaking theft” is to be deleted. (1) this Endorsement does not indemnify the Insured in
respect of any liability in cases where the insured holds or
NB. (ii) In case of Theft Risk only, the words “fire explosion self subsequently effects with any insurer or group of insurers a
ignition lightning riot strike malicious damage terrorism storm Policy of Insurance in respect of liability as herein defined for
tempest flood inundation and earthquake perils” are to be insured’s general employees;
deleted.
(2) the Insured shall take reasonable precautions to prevent
IMT27. LIABILITY AND FIRE AND/OR THEFT accidents and shall comply with all statutory obligations;
(Not applicable for Miscellaneous and Special Types of
vehicles rateable under Class-D of the Tariff for *(3) the insured shall keep record of the name of each paid
Commercial Vehicles) driver conductor cleaner or persons employed in loading
Notwithstanding anything to the contrary contained in the and/or unloading and the amount of wages and salaries and
Policy it is hereby understood and agreed that Section I of the other earnings paid to such employees and shall at all times
Policy the Company shall not be liable thereunder except in allow the Company to inspect such records on demand.
respect of loss or damage by fire explosion self ignition
lightning and/or burglary housebreaking theft and riot strike (4) in the event of the Policy being cancelled at the request of
malicious damage terrorism storm tempest flood inundation the Insured no refund of the premium paid in respect of this
and earthquake perils. Endorsement will be allowed.
Subject otherwise to the terms conditions limitations and Subject otherwise to the terms conditions limitations and
exceptions of the Policy. exceptions of the Policy except so far as necessary to meet
the requirements of the Motor Vehicles Act, 1988.
NB. (i) In case of Liability and Fire Risks only, the words
“burglary housebreaking theft” is to be deleted. *In case of Private cars/ motorised two wheelers (not used for
hire or reward) delete this para.
a) that the vehicle insured will only be driven by a duly licensed NOTE: For Liability only policies delete the whole of items (1)
driver whose license has not been endorsed; and (2) and the paragraph in bold marked with an*.
**Insurer to devise a suitable supplementary proposal form.
b) that such driver has not been refused Motor Insurance nor
had his/her insurance policy been cancelled nor had special IMT36. INDEMNITY TO HIRER - PACKAGE POLICY - NEGLI-
conditions imposed nor had increased premium demanded GENCE OF THE INSURED OR HIRER:
from him/her by reason of claims experience. It is hereby declared and agreed that the Company will indem-
nify any hirer of the vehicle insured against loss, damage and
It is also understood and agreed that whilst the vehicle insured liability as defined in this Policy arising in connection with the
is let on hire to the Hirer the Company shall not be liable– vehicle insured by reason of the negligence of the within
named Insured or of any employee of such Insured while the
(1) for any loss, damage or liability due to or arising from theft vehicle insured is let on hire.
or conversion by the Hirer unless covered by payment of
additional premium @ 1.50% on IDV. (Endt. IMT 43 is to be Provided that any such hirer shall as though he/she were the
used.) Insured observe fulfill and be subject to the terms, exceptions,
conditions and limitations of this Policy in so far as they apply.
(2) To pay the first `..... of each and every claim in respect of
which indemnity would but for this endorsement have been IMT37. LEGAL LIABILITY TO NON-FARE PAYING PASSEN-
provided by Section I of this Policy. GERS OTHER THAN STATUTORY LIABILITY EXCEPT THE
If the expenditure incurred by the Company shall include the FATAL ACCIDENTS ACT, 1855:
amount for which the Insured is responsible hereunder, such (Commercial Vehicles Only)
amount shall be repaid by the Insured to the Company In consideration of the payment of an additional premium of
forthwith. `…… and notwithstanding anything to the contrary
contained in Section II-1 (b) and (c) it is hereby understood
For the purpose of this Endorsement the expression "Claim" and agreed that the Company will Indemnify the Insured
shall mean a claim or series of claims arising out of one cause against his legal liability other than liability under the Statute
in respect of the vehicle. (except the Fatal Accidents Act 1855) in respect of death of or
bodily injury to:
(3) If the vehicle is used by the Hirer for carriage of passengers
for hire or reward. i) Any employee of the within named Insured who is not a
workman within the meaning of the Workmen’s Compensation
* For the purposes of this Endorsement the Company will in Act Prior to date of this endorsement and not being carried for
terms of and subject to the provisions contained in item I of hire or reward.
Section II of this Policy, treat the Hirer as a person who is
driving the Two wheeler. ii) Any other person not being carried for hire or reward provid-
ed that the person is
Further it is agreed that the Insured shall forward to the
Company the supplementary proposal referred to above, a) charterer or representative of the charterer of the truck
completed by the Hirer immediately after receipt thereof which b) Any other person directly connected with the journey in one
Subject otherwise to the terms exceptions conditions and Provided further that in computing the number of persons for
limitation of this Policy. the purpose of this endorsement any three children not
exceeding 15 years of age will be reckoned as two persons
IMT37A. LEGAL LIABILITY TO NON FARE PAYING PASSEN- and any child in arms not exceeding 3 years of age will be
GERS WHO ARE NOT EMPLOYEES OF THE INSURED: disregarded.
(Commercial Vehicles Only)
In consideration of the paying of an additional premium of Provided also that the provisions of condition 3 of the Policy
`…. and notwithstanding anything to the contrary contained are also applicable to a claim or series of claims under this
in Section II-1 (c) it is hereby understood and agreed that the Endorsement.
Company will indemnify the Insured against his legal liability
other than liability under statute (except Fatal Accidents Act Provided further that in the event of Policy being cancelled at
1855) in respect of death or bodily injury to any person not the request of the Insured no refund of premium paid in
being an employee of the Insured and not carried for hire or respect of this Endorsement will be allowed.
reward provided that the person is
a) charterer or representative of the charterer of the truck. Subject otherwise to the terms, exceptions, conditions and
b) Any other person directly connected with the journey in one limitations of this Policy.
form or the other being carried in or upon or entering or
mounting or alighting from vehicle insured described in the (II) For use with Liability only Policy:In consideration of an
Schedule of this Policy. additional premium of `...... and subject otherwise to the
terms, exceptions, conditions and limitations of this Policy,
Subject otherwise to the terms exceptions conditions and the Company will indemnify the Insured against liability at
limitations of this Policy. Law for compensation (including Law Costs of any claimant)
for death of or bodily injury to any person other than a person
IMT38. LEGAL LIABILITY TO FARE PAYING PASSENGERS excluded under general exception being carried in or upon or
EXCLUDING LIABILITY FOR ACCIDENTS TO EMPLOYEES OF entering or mounting or alighting from the Motor Vehicle.
THE INSURED ARISING OUT OF AND IN THE COURSE OF
THEIR EMPLOYMENT Provided always that in the event of an accident occurring
(Commercial and Motor Trade Vehicles Only): whilst the Motor Vehicle is carrying more than the number of
(I) For use with Package Policies: - In consideration of an persons mentioned in the Schedule hereto as being the
additional premium of `..... and notwithstanding anything to licensed carrying capacity of that vehicle in addition to the
the contrary contained in Section II –1 (c) but subject other- conductor if any then the Insured shall repay to the Company
wise to the terms, exceptions, conditions and limitations of this rateable proportion of the total amount which would be
Policy, the Company will indemnify the Insured against liability payable by the Company by reason of this Endorsement if not
at Law for compensation (including Law costs of any claimant more than the said number of persons were carried in the
) for death of or bodily injury to any person other than a person Motor Vehicle.
excluded under Section II-1 (B) being carried in or upon or
entering or mounting or alighting from the Motor Vehicle. Provided further that in computing the number of persons for
Provided always that in the event of an accident occurring the purpose of this Endorsement any 3 children not exceeding
whilst the Motor Vehicle is carrying more than the number of 15 years of age will be reckoned as two persons and any
persons mentioned in the Schedule hereto as being the children in arms not exceeding 3 years of age will be
licensed carrying capacity of that vehicle in addition to the disregarded.
conductor if any then the Insured shall repay to the Company
rate able proportion of the total amount which would be Provided further that in the event of Policy being cancelled at
IMT40. LEGAL LIABILITY TO PAID DRIVER AND/OR IMT43. THEFT AND CONVERSION RISK:
CONDUCTOR AND/OR CLEANER EMPLOYED IN CONNEC- Notwithstanding anything to the contrary contained herein it is
TION WITH THE OPERATION OF MOTOR VEHICLE: hereby understood and agreed in this Policy in consideration
(For buses, taxis and motorized three/four wheelers of the payment of additional premium @ 1.50% of IDV, Clause
under commercial vehicles tariff) ii (b) (1) of Endorsement IMT- 35 is hereby deemed to be
In consideration of the payment of an additional premium it is deleted.
hereby understood and agreed that notwithstanding anything
contained herein to the contrary the Company shall indemnify It is further understood and agreed that the indemnity in
Insured against his legal liability under the Workmen's respect of Theft and/or Conversion by the hirer is applicable
Compensation Act, 1923 and subsequent amendments of only in case of theft and/or Conversion of the entire vehicle.
that Act prior to the date of this endorsement, the Fatal
Accidents Act, 1855 or at Common Law in respect of personal It is further understood and agreed that No Claim Bonus will
injury to any paid driver and/or conductor and/or cleaner not be applicable to the additional premium charged hereun-
whilst engaged in the service of the Insured in such occupa- der.
tion in connection with the vehicle insured and will in addition
be responsible for all costs and expenses incurred with its IMT44. INDEMNITY TO HIRER - PACKAGE POLICY - NEGLI-
written consent. GENCE OF THE OWNER OR HIRER:
It is hereby declared and agreed that in consideration of
The premium to be calculated and paid while taking insurance payment of an additional premium of `……. the Company
of the vehicle concurred at the rate of `25/- per driver and/or will indemnify any hirer of the Vehicle insured against loss,
conductor and/or cleaner. damage and liability as defined in this Policy arising in connec-
tion with the vehicle insured while let on hire.
Provided always that:
Provided that any such hirer shall as though he/she were the
(1) this Endorsement does not indemnify the Insured in respect Insured observe fulfill and be subject to the terms, exceptions,
of any liability in cases where the Insured holds or subse- conditions and limitations of this Policy in so far as they apply.
quently effects with any insurer or Group of Underwriters a
Policy of Insurance in respect of liability as herein defined for IMT45. INDEMNITY TO HIRER - LIABILITY ONLY POLICY
his general employees. --NEGLIGENCE OF THE OWNER OR HIRER:
Negligence of the Hirer
(2) the Insured shall take reasonable precautions to prevent It is hereby declared and agreed that in consideration of
accidents and shall comply with all statutory obligations. payment of an additional premium of `……the Company will
indemnify any hirer of the Motor Vehicle against liability as
3) the Insured shall keep a record of the name of each driver defined in this Policy arising in connection with the Motor
cleaner conductor or person employed in loading and/or Vehicle while let on hire.
unloading and the amount of wages salary and other earnings
paid to such employees and shall at all times allow the Provided that any such hirer shall as though he were the
Company to inspect such record. Insured observe fulfill and be subject to the terms, exceptions,
conditions and limitations of this Policy in so far as they apply.
(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 IMT46. LEGAL LIABILITY TO PASSENGERS EXCLUDING
Endorsement will be allowed. LIABILITY FOR ACCIDENTS TO EMPLOYEES OF THE
INSURED ARISING OUT OF AND IN COURSE OF THEIR
Subject otherwise to the terms exceptions conditions and EMPLOYMENT:
NOTE: In the case of Liability only Policies, the Endorsement IMT52. EXCLUSION OF DAMAGE WHILE IN USE AS A TOOL
must be suitably amended. OF TRADE:
It is hereby declared and agreed that except so far as is neces-
IMT49. EXCLUSION OF LIABILITY TO THE PUBLIC WORKING sary to meet the requirements of the Motor Vehicles Act, 1988
RISK (EXCEPT AS REQUIRED BY THE MOTOR VEHICLE ACT, the Company shall be under no liability under Section II of this
1988): Policy in respect of liability incurred by the Insured arising out
It is hereby declared and agreed that except so far as is neces- of the operation as a tool of the motor vehicle or of plant
sary to meet the requirements of the Motor Vehicles Act, forming part of the vehicle insured or attached thereto.
1988, the Company shall be under no liability under Section II IMT53.SPECIFIED ATTACHMENTS (Special Type Vehicles):
of this Policy in respect of liability incurred by the Insured It is hereby declared and agreed that while any attachment in
arising out of the operation as a tool of the Motor Vehicle or of the under noted "Schedule of attachments" is attached to the
plant forming part of the Motor Vehicle or attached thereto. Motor Vehicle or is detached and out of use the indemnity
provided by this Policy shall apply in respect of any such
IMT50. CINEMA FILM RECORDING AND PUBLICITY VANS: attachment as though it were the Motor Vehicle and had set
It is hereby understood and agreed that not withstanding against it in the Schedule the value set against it in the under
anything to the contrary contained in this Policy, the Company noted "Schedule of Attachments
shall be under no liability in respect of loss or damage to
cinematic photographic or sound equipment costumes or any
other technical property fixtures and fittings on the Motor
IMPORTANT NOTE
Please examine this Policy including its attached Schedules / Annexures if any. In the event of any discrepancy, please contact the
offices of the Company immediately, it being noted that this Policy shall be otherwise considered as being entirely in order.
Please refer to the Claims Settlement & Grievance Redressal procedure document attached herein for ready reference.
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
IRDAI (Protection of Policyholders' Interests) Regulations, 2017.
Any Grievance of the Complainant sent in a written communication as per Rule 13 and Rule 14 of the Insurance Ombudsman
to the Company at any of the touch points as mentioned, shall be Rules, 2017 (‘Ombudsman Rules’).
addressed within 14 days of the receipt of the complaint. The following complaints can be lodged with the Insurance
Ombudsman:
Escalation Matrix: 1. Any partial or total repudiation of claims by an insurer;
2. Any dispute in regard to premium paid or payable in terms
Step 1 of the policy;
Call: 1800 12000 3. Any dispute on the legal construction of the policies in so
Email: support@edelweissinsurance.com far as such disputes relate to claims;
4. Delay in settlement of claims;
Step 2 5. Non-issue of any insurance document to customers after
If the response is not as per Complainant’s expectations receipt of premium.
he/she may contact the Grievance Cell at the below touch-
points: Manner in which complaint is to be made Rule 14 of the
• Email: grievance@edelweissinsurance.com Ombudsman Rules:-
• Address: Edelweiss General Insurance Company Limited, 1. Any person who has a grievance against the Company, may
Kohinoor City Mall, Tower 3, Kirol Road, Kurla West, Mumbai himself or through his legal heirs make a complaint in writing
400070 to the Ombudsman within whose jurisdiction the branch or
office of the Company complained against is located.
Step 3 2. The complaint shall be in writing duly signed by the
If the response is not as per Complainant’s expectations complainant or through his legal heirs and shall state clearly
he/she may contact the Company’s Grievance Redressal the name and address of the complainant, the name of the
Officer at: branch or office of the insurer against which the complaint is
• Email: grievanceofficer@edelweissinsurance.com made, the fact giving rise to the complaint.
• Address: Edelweiss General Insurance Company Limited, 3. No complaint to the Ombudsman shall lie unless:
Kohinoor City Mall, Tower 3, Kirol Road, Kurla West, Mumbai • the complainant had before making a complaint to the
400070 Ombudsman, made a written representation to the Compa-
ny/insurer named in the complaint and either insurer had
Step 4 rejected the complaint or the complainant had not received
If the Complainant is not still not satisfied with the response or any reply within a period of one month after the insurer
does not receive a response from the Company within 14 concerned received his representation or the complainant is
days, the Complainant may approach the Grievance Cell of the not satisfied with the reply given to him by the insurer;
IRDAI on the following contact details: • the complaint is made not later than one year after the
• IRDAI Grievance Call Centre (IGCC) TOLL FREE NO: 155255; insurer had rejected the representation or sent his final reply
Email ID: complaints@irda.gov.in on the representation of the complainant; and
• Register online at: http://www.igms.irda.gov.in/ • the complaint is not on the same subject matter for which
• Address for communication for complaints by fax/paper: any proceedings before any court or Consumer Forum or
Consumer Affairs Department, Insurance Regulatory and arbitrator is pending or was so earlier.
Development Authority of India Sy. No. 115/1, Financial
District, Nanakramguda, Gachibowli Hyderabad - 500032
Step 5
If the complaint/grievance has still not been resolved, the
Complainant may approach the Office of the Insurance
Ombudsman established by the Central Government of India
Edelweiss Miscellaneous Vehicle Package Insurance I UIN: IRDAN159RP0032V01201920 24
Ombudsman and Addresses
BENGALURU
Office of the Insurance Ombudsman, Jeevan Soudha Building, PID
No.57-27-N-19, Ground Floor, 19/19, 24th Main Road, JP Nagar, 1st Phase,
State of Karnataka
Bengaluru-560 078.
Tel.:- 080-26652048 / 26652049
Email:- bimalokpal.bengaluru@ecoi.co.in
BHOPAL
Office of the Insurance Ombudsman, Janak Vihar Complex, 2nd Floor, 6,
Malviya Nagar, Opp. Airtel Office, Near New Market, Bhopal – 462 033. States of Madhya Pradesh and Chattisgarh
Tel.:- 0755-2769200/201/202, Fax:- 0755-2769203
Email:- bimalokpal.bhopal@ecoi.co.in
BHUBANESHWAR
Office of the Insurance Ombudsman, 62, Forest park, Bhubneshwar – 751 009.
Tel.:- 0674-2596461 / 2596455, Fax:- 0674-2596429 State of Odisha
Email:-bimalokpal.bhubaneswar@ecoi.co.in
CHANDIGARH
Office of the Insurance Ombudsman, S.C.O. No. 101, 102 & 103, 2nd Floor,
Batra Building, Sector 17 – D, Chandigarh – 160 017. States of Punjab, Haryana, Himachal Pradesh, Union Territory of Jammu
Tel.:- 0172-2706196/ 2706468 & Kashmir, Union Territory of Ladakh and Union Territory of Chandigarh
Fax:- 0172-2708274
Email:- bimalokpal.chandigarh@ecoi.co.in
CHENNAI
Office of the Insurance Ombudsman, Fatima Akhtar Court, 4th Floor, 453 , Anna
Salai, Teynampet, CHENNAI – 600 018. State of Tamil Nadu and Union Territories - Puducherry Town and
Tel.:- 044-24333668 / 24335284 Karaikal (which are part of Union Territory of Puducherry)
Fax:- 044-24333664
Email:- bimalokpal.chennai@ecoi.co.in
DELHI
Office of the Insurance Ombudsman, 2/2 A, Universal Insurance Building,
Asaf Ali Road, New Delhi – 110 002. State of Delhi
Tel.:- 011-23232481/23232481
Email:- bimalokpal.delhi@ecoi.co.in
ERNAKULAM
Office of the Insurance Ombudsman, 2nd floor, Pulinat Building, Opp. Cochin
Shipyard, M.G. Road, Ernakulum - 682 015. State of Kerala, Union Territory of Lakshadweep and Mahe, a part of
Tel.:- 0484-2358759/2359338 Puducherry
Fax:- 0484-2359336
Email:- bimalokpal.ernakulam@ecoi.co.in
GUWAHATI
Office of the Insurance Ombudsman, 'Jeevan Nivesh’, 5th Floor, Nr. Panbazar
over bridge, S.S. Road, Guwahati – 781001(ASSAM). States of Assam, Meghalaya, Manipur, Mizoram, Arunachal Pradesh,
Tel.:- 0361- 2632204 / 2602205 Nagaland and Tripura
Email:- bimalokpal.guwahati@ecoi.co.in
HYDERABAD
Office of the Insurance Ombudsman, 6-2-46, 1st floor, "Moin Court" Lane Opp.
Saleem Function Palace, A. C. Guards, Lakdi-Ka-Pool, Hyderabad - 500 004. States of Andhra Pradesh, Telangana and Union Territory of Yanam - a
Tel.:- 040- 67504123 / 23312122 part of Puducherry
Fax:- 040-23376599
Email:- bimalokpal.hyderabad@ecoi.co.in
Edelweiss General Insurance Company Limited, Corporate Office: 5th Floor, Tower 3, Kohinoor City Mall, Kohinoor City, Kirol Road, Kurla (West), Mumbai -
400 070, Registered Office: Edelweiss House, Off CST Road, Kalina, Mumbai -400 098, IRDAI Regn. No.: 159, CIN: U66000MH2016PLC273758, Reach us on:
1800 12000, Email: support@edelweissinsurance.com, Website: www.edelweissinsurance.com, Issuing/Corporate Office: +91 22 4272 2200, Grievance
Redressal Officer: +91 22 4931 4422, Dedicated Toll-Free Number for Grievance: 1800 120 216216. Trade logo displayed above belongs to Edelweiss
Financial Services Limited and is used by Edelweiss General Insurance Company Limited under license.