Iffco Tokio Motor Insurance Policy Wording
Iffco Tokio Motor Insurance Policy Wording
Iffco Tokio Motor Insurance Policy Wording
Whereas the Insured by a proposal and declaration dated has stated in the Schedule which
shall be the basis of this contract and is deemed to be incorporated herein has applied to the
IFFCO-TOKIO General Insurance Co., Ltd., (hereinafter called the Company) for Insurance
contained and has paid or agreed to pay the premium as consideration for such insurance in
respect of accident loss or damage occurring during the period of Insurance.
that subject to the terms exceptions and conditions contained herein or otherwise expressed
hereon.
The company will indemnify the Insured against the loss of or damage to the Motor Car stated
in schedule and/or its accessories whilst thereon
a. by Fire, Explosion, Self ignition or Lightning
b. by Burglary, Housebreaking or Theft
c. by Riot & Strike
d. by Earthquake(Fire and Shock damage)
e. by Flood, Typhoon, Tempest, Hurricane, Storm, Inundation, Cyclone, Hailstorm and
Frost
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Subject to a deduction for depreciation at the rates mentioned below in respect of parts
replaced:
1. For all rubber nylon plastic parts tyre and Battery - 50%
2. For all parts made of glass Nil
3. All other parts
The insured may authorize the repair of the Motor Car necessitated by damage for which the
company may be liable under this policy provided that:
1. The company will indemnify the insured in the event of an accident caused by or arising out
of the use of Motor car against all sums including claimants cost and expenses which the
insured shall become legally liable to pay in respect of.
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a) Death of or bodily injury to any person including occupants carried in the Motor Car
provided such occupants are not carried for hire or reward but except so far as is
necessary to meet the requirements of the Motor Vehicles Act 1988 the company shall
not be liable where such death or injury arises out of and in the course of employment
of such person by the insured.
b) Damage to property other than the property belonging to the insured or held in trust by
or under the control of the insured.
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 which is granted by this section
to the Insured the company will indemnify any driver who is driving the Motor car on the
Insured’s order or with his permission provided that such driver shall as though he were
the Insured observe fulfill and be subject to the terms, exceptions, conditions and
limitations of this policy in so far as they can apply.
4. In the event death of any person entitled to indemnity under this policy the company will,
in respect of the liability incurred by such person indemnify his personal representatives
in terms of and subject to the limitations of this Policy provided that such personal
representatives shall as though they were the insured observe, fulfill and be subject to
the terms exceptions of the policy in so far as they can 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
Section and (B) may 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 Sections.
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AVOIDANCE OF CERTAIN TERMS AND RIGHT OF RECOVERY
Nothing in this policy or any endorsement hereon shall affect the right of any person
indemnified by this policy or any other person to recover an amount under or by virtue of the
provisions of the Motor Vehicles Act 1988.
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.
GENERAL EXCEPTIONS
(Applicable to all Sections of the Policy)
War, invasion, the act of foreign enemies, hostilities, or War like 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 occurrences and in the event of any claim hereunder the
insured shall prove that the accident, 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.
BONUS/MALUS CLAUSE
A discount shall be allowed to the insured or a loading shall be charged as per the tables
shown below on the premium for such part of the insurance as is renewed in respect of the
Motor Vehicle insured hereunder.
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Loading /discount Position on Own
% Loading / Discount on Own Damage Premium to be
damage Premium at expiry of the
applied at renewal.
Policy
If claim is made during If no claim is made during
expiring Policy year expiring Policy year
Continue 50% loading Charge 30% loading
With 50% loading
Charge 50% loading Charge 10% loading
With 30% loading
Charge 30% loading No loading / Discount
With 10% loading
Charge 10% loading Allow 20% Discount
No loading / Discount
No loading / Discount Increase Disct. to 35%
With 20% Discount
Reduce Disct. To 20% Increase Disct. to 50%
With 35% Discount
Reduce Disct. To 35% Increase Disct. to 60%
With 50% Discount
Reduce Disct. To 50% Continue 65% Discount
With 65% Discount
No claim discount will only be allowed provided a Fresh Policy is obtained within 90 days of the
expiry of the previous policy.
CONDITIONS
This Policy and schedule shall be read together and any word or expressions to which a
specific meaning has been attached in any part of the policy or of the schedule shall bear the
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3. The Company may at its own option repair reinstate or replace the Motor Car or any 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 the actual value of the parts damaged or lost
less depreciation plus the reasonable cost of fitting and shall in no case exceed the
Insured's estimate of the value of the motor car (including accessories thereon) as
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specified in the Schedule or the value of the Motor Car (including accessories thereon) at
the time of loss or damage whichever is less.
4. The insured shall take all reasonable steps to safeguard the Motor Car 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 Motor Car or any part thereof or any driver or employee
of the Insured. In the event of any accident or breakdown the Motor Car shall not be left
unattended without proper precautions being taken to prevent further damage or loss and if
Motor Car be driven before the necessary repairs are effected any extension of the
damage or any further damage to the Motor Car shall be entirely at the Insured’s own risk.
5. The Company may cancel this Policy by sending seven days notice by registered letter to
the insured at his 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 and (provided
no claim has arisen during the current period of insurance) 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. However, where the ownership of the vehicle is transferred, the
policy cannot be cancelled, unless evidence that vehicle is insured elsewhere is produced.
6. If at any time any claim arises under this Policy and there is any other existing 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 loss damage compensation cost or
expenses.
7. If any difference shall arise as to the quantum to be paid under this Policy (liability being
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otherwise admitted) such difference shall independently of all other questions be referred
to the decision of an arbitrator, to be appointed in writing by the parties in difference, or if
they cannot agree upon a single arbitrator, to the decision of two disinterested persons as
arbitrators of whom one shall be appointed in writing by each of the parties within two
calendar months after having been required so to do in writing by the other party in
accordance with the provision of the Arbitration Act, 1940 as amended from time to time
and for the time being in force. In case either party shall refuse or fail to appoint an
arbitrator within two calendar months after receipt of notice in writing requiring an
appointment other party shall be at liberty to appoint sole arbitrator and in case of
disagreement between the arbitrators, the difference shall be referred to the decision of an
umpire who shall have been appointed by them in writing before entering on the reference
and who shall sit with the arbitrators and preside at their meetings.
It is hereby expressly stipulated and declared that it shall be a condition precedent to any
right of action or suit upon this Policy that the arbitration award of the arbitrator or umpire
regarding the amount of 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 12 Calendar
months from the date of such disclaimer have been made the subject matter of a suit in a
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court of law then the claim shall for all purposes be deemed to have been abandoned and
shall not there-after be recoverable hereunder.
8. The due observance and fulfillment of the terms conditions and endorsement of this Policy
in so far they relate to anything to be done or complied with by the Insured and the truth of
the statements and answers in the said proposals 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 the Insured or until
the expiry of this policy (whichever is earlier). During the said period legal heirs of the
Insured to whom the custody and use of the Motor Vehicle passes may apply to have this
Policy transferred to his/her/their names or obtain a new insurance policy for the Motor
Vehicle.
Where such legal heirs wish to apply for a transfer of this policy or obtain a new policy
for the Motor Vehicle he/she/they should make an application as per his/her/their
requirements within the aforesaid period to the Company. All such applications should
be accompanied by:
The Company reserves its right to abide by any order of the court in regard to
declaration about the legal heir/heiress and ownership of the vehicle and the nominee
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will not have any right to dispute such order of the Court.
ENDORSEMENT
(Endorsement only mentioned in the Schedule shall form part of the policy)
If the expenditure incurred by the company shall include the amount for which the Insured is
responsible hereunder-such amount shall be repaid by the Insured to the Company forthwith.
For the purpose of this endorsement the expression "claim" shall mean a claim or series of
claims arising out of one cause in connection with the Motor Car mentioned in the Schedule of
this Policy.
The “excess” referred to in this endorsement is cumulative with the excess referred to in
Section I of the policy and/or other Endorsements if any put on the Policy. Subject otherwise to
the terms exceptions conditions and limitations of this Policy.
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IMT – 2 Liability to the Public Risk only
(Applicable only to Motor Trade Policies)
It is hereby understood and agreed that Section I of this Policy is deemed to be cancelled.
Subject otherwise to the terms, exceptions, conditions and limitations of this policy.
IMT-05 Accidents to unnamed passengers other than the Insured and his paid
Driver or Cleaner (Private Cars Only)
mounting into dismounting from traveling in the motor car and caused by violent accidental
external and visible means which independently of any other cause shall within three calendar
months of the occurrence of such injury result in :
NOTE :
For the purpose of Clause (b) and Clause (c) above, "physical separation" of a hand or foot
means separation at or above the wrist and/or at or of the foot above the ankle respectively.
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d) Permanent total disablement from injuries (other than named above) which 100%
shall as direct consequences thereof permanently, totally, absolutely
disable the person from engaging in any employment or occupation of any
description
1. Compensation shall be payable under one only of items (a) to (d) above in respect of
any such person arising out of any one occurrence and the total liability of the
Company shall not in the aggregate exceed the sum of as specified in the Schedule
during any one period of insurance.
3. Such compensation shall be payable directly to the injured person or to his/her legal
representative whose receipt shall be a full discharge in respect of the injury of such
person.
4. Not more than ..... members of persons (mentioned in the Schedule) under seating
Capacity but excluding the Driver are in the said motor car at the time of occurrence of
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such injury.
Subject otherwise to the terms exceptions conditions and limitations of this policy.
NOTES :-
(i)* The sum to be inserted is calculated by multiplying the death benefit by the full
seating capacity of the vehicle including the drivers seat.
It is hereby understood and agreed that the Financier as mentioned in the Schedule
(hereinafter referred to as the owners) are the owners of the .......* and that the .......* is subject
of an Hire Purchase Agreement made between the owners on one part and the insured on
the other part and it is further understood and agreed that the owners are interested in any
monies which but for this Endorsement would be payable to the insured under this policy in
respect of loss or damage to the .........* (which loss or damage is not made good by repair
reinstatement and replacement) and such monies shall be paid to the Owners as long as they
are the owners of .....* and their receipt shall be a full and final discharge to the company in
respect of such loss or damage.
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Save as by this Endorsement expressly agreed nothing herein shall modify or affect the rights
and liabilities of the insured or the Company respectively under or in connection with this
Policy.
Subject to terms, en -----------------------------------
It is hereby understood and agreed that ______________ the Financier as mentioned in the
schedule (hereinafter referred to as the lessors) are the owners of the Motor Vehicle and that
the Motor Vehicle is the subject of a lease Agreement made between the Lessor on the one
part and to the Motor Vehicle the Insured on the other part and it is further understood and
agreed that the owners are interested in monies which but for this Endorsement would be
payable to the Insured under the Policy in respect of loss or damage (which loss or damage is
not made good by repair, reinstatement or replacement) shall be paid to the lessors as long
as they are owners of the Motor Vehicle and their receipt shall be a full and final discharge to
the Company in respect of such loss or damage. It is also understood and agreed that
notwithstanding any provision in the leasing Agreement to the contrary this policy is issued to
the insured named in the Schedule ________ as the principal party and not as agent or trustee
and nothing herein contained shall be construed as constituting the insured an agent or trustee
for the Lessors or as an assignment (whether legal or equitable) by the Insured to the Lessors,
of his rights benefits and claims under this policy and further nothing herein shall be construed
as creating or vesting any right in the owner/Lessor to sue the Company in any capacity
whatsoever for any alleged breach of its obligations hereunder.
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Subject otherwise to the terms exceptions conditions and limitations of this policy.
IMT –19 Legal Liability to paid driver employed in connection with the operation
of Motor Vehicle.
(For Private Car, Motor Cycle, Taxi, Auto-rickshaw, Tractor & other Miscellaneous Vehicles.)
The premium having been calculated and paid while taking insurance of the vehicle concerned
at the rate of Rs. 15/- for driver.
1. this Endorsement does not indemnify the Insured in respect of any liability in cases
where the Insured holds or subsequently effects with any Insurance Company a
Policy of Insurance in respect of liability as herein defined for his general employees.
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2. the Insured shall take reasonable precautions to prevent accidents and shall comply
with all statutory obligations.
3. in the event of the Policy being cancelled at the request of the Insured no refund of
the premium paid in respect of this Endorsement will be allowed.
Subject otherwise to the terms exceptions conditions and limitations of this Policy except so far
as necessary to meet the requirements of the Motor Vehicles Act, 1988.
1. the act of any person taking part together with others in any disturbance of the Public
peace (whether in connection with a strike or lock-out or not) or the action of any
lawfully constituted authority in suppressing or attempting to suppress any such
disturbance or in minimising the consequences of such disturbances.
2. the wilful act of any striker or locked out worker done in furtherance of a strike or in
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resistance to lock out or the action of any lawfully constituted authority in preventing or
attempting to prevent any such act in minimising the consequence of any such act.
In the event of any claim the Insured shall prove that the accident loss damage 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.
Subject otherwise to the terms exceptions, conditions and limitations of this Policy.
In the event of any claim the Insured shall prove that the accident loss damage 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.
Subject otherwise to the terms exceptions, conditions and limitations of this Policy.
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IMT-23 Exclusion of Flood, Typhoon, Hurricane, Storm, Tempest, Inundation,
Cyclone, hailstorm, Frost
In the event of any claim the Insured shall prove that the accident loss damage 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.
Subject otherwise to the terms exceptions, conditions and limitations of this Policy.
It is hereby understood and agreed notwithstanding anything to the contrary contained in this
policy that in the event of loss or damage to the ...... ** and/or its accessories necessitating the
supply of a part not obtainable from stocks held in the country in which the ..... * * is held for
repair or in the event of the Company exercising the option under condition * to pay in cash the
amount of the loss or damage the liability of the Company in respect of any such part shall be
limited to :-
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(a)
i. the price quoted in the latest catalogue or price list issued by the Manufacturer or
his Agent for the country in which the .... ** is held for repair less depreciation
applicable.
OR
ii. if no such catalogue or price list exists the price list obtaining at the Manufacturer's
Works plus the reasonable cost of transport otherwise than by air to the country in
which the ..... ** is held for repair and the amount of the relative import duty less
depreciation applicable under the Policy.
Subject otherwise to the terms exceptions, conditions and limitations of this Policy.
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It is hereby understood and agreed that if the Insured ceases to be a Member of .... during the
currency of this Policy he shall immediately notify the company accordingly and refund to the
Company a proportionate amount of the discount allowed on this account for the unexpired
period of the cover.
Subject otherwise to the terms exceptions, conditions and limitations of this Policy.
It is hereby declared and agreed that the Insured's ... * is pledged to/hypothecated with the
Financer named in the Schedule ... (hereinafter referred to as the "pledgee") and it is further
declared and agreed that the said pledgee is interested in any moneys which but for the
Endorsement would be payable to the Insured under this Policy in respect of the loss of or
damage to said ... * (which loss or damage is not made good by repair, reinstatement or
replacement) and such money shall be paid to the said Pledgee as long as they are the
Pledgee of the ...... * and their receipt shall be a full and final discharge to the Company in
respect of such loss or damage.
Save as by this Endorsement expressly agreed that nothing herein shall modify or affect the
rights or liabilities of the Insured or the Company respectively under or in connection with this
Policy or any term, provision or condition thereof.
Subject otherwise to the terms, exceptions, conditions and limitations of this Policy.
The Company shall not however, be liable for loss of or damage to the said item caused as a
result of mechanical or electrical breakdown.
Provided always that the liability of the Company hereunder shall be limited to the Insured's
estimate of value of the item or market value whichever is less.
Subject otherwise to the terms exceptions, conditions and limitations of this Policy.
It is hereby understood and agreed that the Company undertakes to pay compensation on the
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scale provided for bodily injury / death as herein after defined sustained by driver (other than
paid driver) of the vehicle in direct connection with the use of Motor cycle or whilst mounting or
dismounting or driving the vehicle and caused by violent accidental external and visible means
which independently of any other cause shall within 12 calendar months of the occurrence of
such injury result in:
2. Such person is not less than 16 or more than 70 years of age at the time of such
injury. DELETED (C-35)
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4. Such compensation shall be payable only with the approval of the insured and
directly to the injured driver or to his/her legal representatives whose receipt shall
be a full and final discharge in respect of the injury to such person.
Subject otherwise to the terms, exceptions, conditions and limitations of this Policy.
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