Commercial Vehicle Policy Wording For Wheeler Imsurance
Commercial Vehicle Policy Wording For Wheeler Imsurance
Commercial Vehicle Policy Wording For Wheeler Imsurance
Bajaj Allianz House, Airport Road, Yerawada, Pune - 411006. Reg No.: 113. | CIN: U66010PN2000PLC015329
Email: [email protected] | Website: www.bajajallianz.com
Issuing Office:
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 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.
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, batteries and air bags 50 %
2. For fibre 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
5. For policies with risk inception date of 01st February 2013 or thereafter.
Rate of Depreciation for Painting: In the case of painting, the depreciation rate of 50% shall be applied only on the material
cost of total painting charges. In case of a consolidated bill for painting charges, the material component shall be
considered as 25 % of total painting charges for the purpose of applying the depreciation.
3. 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 re-delivery to the insured but not exceeding Rs. 750/- for
three wheeled vehicles, Rs. 1500/- for taxis and Rs.2500/- for other commercial vehicles in respect of any one accident.
4. The insured may authorise the repair of the vehicle necessitated by loss or damage for which the company may be liable
under this Policy provided that :-
(a) the estimated cost of such repair including replacements does not exceed Rs.500/
(b) the Company is furnished forthwith with a detailed estimate of the cost of repairs ; and
(c) the insured shall give the Company every assistance to see that such repair is necessary and the charges are reasonable.
IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles ( i.e. models which the manufacturers have
discontinued to manufacture) is to be determined on the basis of an understanding between the insurer and the insured.
IDV will 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 will be treated as a CTL if the aggregate cost of retrieval and / or repair of the vehicle, subject to terms and
conditions of the policy, exceeds 75% of the IDV of the vehicle.
(b) Except so far as is necessary to meet the requirements of the Motor Vehicle Act the Company shall not be liable in respect of
death or bodily injury to any person in the employment of the insured arising out of and in the course of such employment.
(c) Except so far as is necessary to meet the requirements of the Motor Vehicle Act in relation to the liability under the Workmen’s
Compensation Act 1923 the Company shall not be liable in respect of death or bodily injury to any person (other than a
passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon entering or mounting or
alighting from the insured vehicle at the time of occurrence of the event out of which any claim arises.
(d) The Company shall not be liable in respect of damage to property belonging to or held in trust by or in the custody of the
insured or a member of the insured’s household or being conveyed by the insured vehicle.
(e) The Company shall not be liable in respect of damage to any bridge and/or viaduct and/or to any road and/or anything
beneath by vibration or by the weight of the insured vehicle and/or load carried by the insured vehicle.
(f) Except so far as is necessary to meet the requirements of the Motor Vehicles Act the Company shall not be liable in respect of
death and/or bodily injury to any person(s) who is/are not employee(s) of the insured and not being carried for hire or reward,
other than owner of the goods or representative of the owner of goods being carried in or upon or entering or mounting or
alighting from the insured vehicle described in the Schedule of this Policy.
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 insured vehicle on the insured’s order or with insured’s permission provided that such driver shall as
though he/she were the insured observe fulfil and be subject to the terms exceptions and conditions of this policy in so far as they
apply.
4. 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 section; 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 section.
5. 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(s) in terms of and subject to the limitations of this policy
provided that such personal representative(s) shall as though they were the insured observe fulfill and be subject to the terms
exceptions and conditions of this policy in so far as they apply.
GENERAL EXCEPTIONS
The Company shall not be liable under this policy in respect of
(1) any accidental loss or damage and/or liability caused sustained or incurred outside the geographical area;
(2) any claim arising out of any contractual liability;
(3) any accidental loss damage and/or liability caused sustained or incurred whilst the vehicle insured herein is
(a) being used otherwise than in accordance with the ‘Limitations as to Use’ or
(b) being driven by or is for the purpose of being driven by him/her in the charge of any person other than a Driver as stated in
the Driver’s Clause.
(4) (a) any accidental loss or damage to any property whatsoever or any loss or expense whatsoever resulting or arising there
from or any consequential loss.
(b) any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or
contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For
the purposes of this exception combustion shall include any self sustaining process of nuclear fission.
(5) any accidental loss damage or liability directly or indirectly caused by or contributed to by or arising from nuclear weapons
material.
(6) any accidental loss damage/liability directly or indirectly or proximately or remotely occasioned by contributed to by or traceable
to or arising out of or in connection with war, invasion, the act of foreign enemies, hostilities or warlike operations (whether
before or after declaration of war), civil war, mutiny, rebellion, military or usurped power or by any direct or indirect
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 -I (loss of or damage to the vehicle insured) of this Policy in
CONDITIONS
This policy and the schedule shall be read together and any word or expression to which a specific meaning has been attached in any
part of this policy or of the schedule shall bear the same meaning wherever it may appear.
1. Notice shall be given in writing to the Company immediately upon the occurrence of any accidental loss or damage 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 Inquiry in respect of any occurrence which may give rise to a claim under this policy. In case of
theft or criminal act which may be the subject of a claim under this policy the insured shall give immediate notice to the police
and cooperate with the company in securing the conviction of the offender.
2. No admission offer promise payment or indemnity shall be made or given by or on behalf of the insured without the written
consent of the Company which shall be entitled if it so desires to take over and conduct in the name of the insured the defence
or settlement of any claim or to prosecute in the name of the insured for its own benefit any claim for indemnity or 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. At any time after the happening of any event giving rise to a claim under Section II of this Policy the Company may pay to the
insured the full amount of the Company’s liability under the Section and relinquish the conduct of any defence settlement or
proceedings and the Company shall not be responsible for any damage alleged to have been caused to the insured in
consequence of any alleged action or omission of the Company in connection with such defence settlement or proceedings
or of the Company relinquishing such conduct; nor shall the Company be liable for any costs or expenses whatsoever incurred
by the insured or any claimant or other person after the Company shall have relinquished such conduct.
4. The Company may at its own option repair reinstate or replace the vehicle insured or part thereof and/or its accessories or may
pay in cash the amount of the loss or damage and the liability of the Company shall not exceed:
(a) for total loss / constructive total loss of the vehicle - the Insured’s Declared Value (IDV) of the vehicle (including accessories
thereon) as specified in the Schedule less the value of the wreck.
(b) for partial losses, i.e. losses other than Total Loss/Constructive Total Loss of the vehicle - actual and reasonable costs of
repair and/or replacement of parts lost/damaged subject to depreciation as per limits specified.
5. The Insured shall take all reasonable steps to safeguard the vehicle insured from loss or damage and to maintain it in efficient
condition and the Company shall have at all times free and full access to examine the vehicle insured or any part thereof or any
driver or employee of the insured. In the event of any accident or breakdown, the vehicle insured shall not be left unattended
without proper precautions being taken to prevent further damage or loss and if the vehicle insured 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.
6 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 Rs.100/- (or Rs.25/- in respect of vehicles specifically designed/modified 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. Under normal circumstances, the Policy will not
be cancelled except for reasons of mis-representation, fraud, non-disclosure of material facts or non-cooperation of the Insured.
7. If any dispute or difference shall arise as to the quantum to be paid under the 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 the
arbitration shall be conducted in accordance with the provisions of the Arbitration & 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 first obtained.
It is also hereby further expressly agreed and declared that if the Company shall disclaim liability to the insured for any claim
hereunder and such claim shall not, within twelve calendar months from the date of such disclaimer have been made the
subject matter of a suit in a court of law, then the claim shall for all purposes be deemed to have been abandoned and shall not
thereafter be recoverable hereunder.
8 On receipt of all required information/ documents that are relevant and necessary for the claim, the Company shall, within a
period of 30 days offer a settlement of the claim to the insured. If the Company, for any reasons, decides to reject a claim under
the policy, it shall do so within a period of 30 days from the receipt of last relevant and necessary document. In the event the claim
is not settled within 30 days as stipulated above, the insurer shall be liable to pay interest at a rate, which is 2% above the bank rate
from the date of receipt of last relevant and necessary document from the insured/claimant by insurer till the date of actual
payment (Applicable only to Claims with regard to Section I of the Policy)
9. The due observance and fulfillment of the terms conditions and endorsements of this policy in so far as they relate to anything
to be done or complied with by the insured and the truth of the statements and answers in the said proposal shall be condition
precedent to any liability of the Company to make any payment under this policy.
10. 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 loss, damage or liability, the Company shall not be liable to pay or contribute more than its ratable proportion
of any compensation cost or expense.
11. On renewal, the benefits provided under the policy and/or terms and conditions of the policy including premium rate may
subject to change.
12. 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 a transfer of this policy or obtain a new policy for the vehicle such heir(s) should
make an application to the Company accordingly within the aforesaid period. All such applications should be accompanied by:
a) Death certificate in respect of the insured
b) Proof of title to the vehicle
c) Original Policy
Breaking distance
Highway driving
Road/Pedestrian crossing
Railway crossing
Adapting to weather Head on collision
Rear end collision
Night driving
Welcome to Bajaj Allianz and Thank You for choosing us as your insurer.
Please read your policy and schedule. The policy and policy schedule set out the terms of your contract with us. Please read your policy
and policy schedule carefully to ensure that the cover meets your needs.
Welcome to Bajaj Allianz and Thank You for Choosing us as your insurer.
Please read your Policy and Schedule. The Policy and Policy Schedule set out the terms of your contract with us. Please read your Policy
and Policy Schedule carefully to ensure that the cover meets your needs.
Resolving Issues
We do our best to ensure that our customers are delighted with the service they receive from Bajaj Allianz. If you are dissatisfied we
would like to inform you that we have a procedure for resolving issues. Please include your policy number in any communication. This
will help us deal with the issue more efficiently. If you don’t have it, please call your Branch office.
First Step
Initially, we suggest you contact the Branch Manager / Regional Manager of the local office which has issued the policy. The address and
telephone number will be available in the policy.
Second Step
Naturally, we hope the issue can be resolved to your satisfaction at the earlier stage itself. But if you feel dissatisfied with the suggested
resolution of the issue after contacting the local office, please e-mail or write to:
Customer Care Cell
Bajaj Allianz General Insurance Co. Ltd
GE Plaza, Airport Road, Yerawada, Pune 411 006
E-mail: [email protected]
If you are still not satisfied, you can approach the Insurance Ombudsman in the respective area for resolving the issue. The contact
details of the Ombudsman offices are mentioned below:
BENGALURU Karnataka.
Office of the Insurance Ombudsman,
Jeevan Soudha Building,PID No. 57-27-N-19 Ground Floor,
19/19, 24th Main Road, JP Nagar, Ist Phase, Bengaluru – 560 078.
Tel.: 080 - 26652048 / 26652049
Email: [email protected]
BHUBANESHWAR Orissa.
Office of the Insurance Ombudsman,
62, Forest park, Bhubneshwar – 751 009.
Tel.: 0674 - 2596461 /2596455 Fax: 0674 - 2596429
Email: [email protected]
CHENNAI Tamil Nadu, Pondicherry Town and Karaikal (which are part of
Office of the Insurance Ombudsman, Pondicherry).
Fatima Akhtar Court, 4th Floor, 453, Anna Salai, Teynampet,
CHENNAI – 600 018.
Tel.: 044 - 24333668 / 24335284 Fax: 044 - 24333664
Email: [email protected]
DELHI Delhi.
Office of the Insurance Ombudsman,
2/2 A, Universal Insurance Building, Asaf Ali Road, New Delhi –
110 002.
Tel.: 011 - 23239633 / 23237532 Fax: 011 - 23230858
Email: [email protected]
JAIPUR Rajasthan.
Office of the Insurance Ombudsman,
Jeevan Nidhi – II Bldg., Gr. Floor, Bhawani Singh Marg, Jaipur - 302
005.
Tel.: 0141 - 2740363
Email: [email protected]