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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 therein has applied to the Company for
the insurance hereinafter 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.
Now this Policy
Witnesseth. |
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SECTION I: LOSS
OR DAMAGE |
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The
Company will indemnify the insured against loss or to the Motor
Vehicle and/or its accessories whilst thereon. |
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a) by accidental external
means.
b) by fire, external explosion, self-ignition or lighting or frost,
flood, typhoon, hurricane, volcanic eruption, earthquake or other
convulsion of nature or burglary, house-breaking or theft.
c) by malicious act
d) while in transit by road, rail, inland waterway, lift or elevator
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2. The Company shall
not be liable to make any payment in respect of (a)
consequential loss, depreciation, wear and tear, mechanical or
electrical breakdowns, failures or breakages, nor for damage
caused by overloading or strain or by explosion of the boiler of
the Motor Vehicle nor for loss of or damage to accessories by
burglary, house breaking or theft, unless such Motor Vehicle is
stolen at the same time or (b) damage to tyres unless the Motor
Vehicle is damaged at the same time when the liability of the
Company is limited to 50% of the cost of replacement.
3. In the event of the Motor 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
repairers and of redelivery to the insured but not exceeding in
all Tk.150 in respect of any one accident.
4. The insured may authorise repair of the Motor Vehicle
necessitated by damage for which the Company may be liable under
this Policy provided:
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a) the estimated cost
of such repair does not exceed Tk.150.00
b) the Company is furnished forthwith with a detailed estimate
of cost, and
c) the insured shall give the Company every assistance to see
that such repair is necessary and the charge reasonable.
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SECTION II: LIABILITY TO THIRD PARTIES |
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1. Subject to the
limits of Liability the Company will indemnify the insured
against all sums including claimant’s costs and expenses which
the insured shall become legally liable to pay in respect of:-
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i) death of or bodily
injury to any person caused by or arising out of the use
(including the loading and/or inloading) of the Motor Vehicle.
ii) damage to property caused by the use(including the loading
and/or unloading of the Motor Vehicle
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PROVIDED ALWAYS THAT: |
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(a) The company shall
not be liable in respect of death, injury or damage caused or
arising beyond the limits of any carriageway or throughfare in
connection with the bringing of the load to the Motor Vehicle
for loading thereon or the taking away of the load from the
Motor Vehicle after unloading therefrom.
(b) Except so far as is necessary to meet the requirements of
Section 110 of the Motor Vehicles Ord.1989, and as amended in
1993 the Company shall not be liable in respect of or death of
or bodily injury to any person other 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
Section 110 of the Motor Vehicles Ord.1989, and as amended in
1993 the Company shall not be liable in respect of or death of
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 entering or mounting or alighting from the Motor
Vehicle at the time of occurrence of the event out of which any
claim arises.
(d) The Company shall not be liable in respect or damage to
property belonging to or held in trust by or in the custody or
control of the insured or a member of the Insured's household or
being conveyed by the Motor Vehicle.
(e) The Company shall not be liable in respect or damage to any
bridge and/or weigh-bridge and/or to any road viaduct and/or any
thing beneath by vibration or by the weight of the Motor Vehicle
and/or load carried by the Motor Vehicle.
(f) The Company shall not be liable in respect or damage to
property caused by sparks or ashes from the Motor Vehicle or
caused by to arising out or the explosion of boiler of the Motor
Vehicle.
(g) The Company shall not be liable in respect or damage bodily
injury caused by or arising out of the explosion of the boiler
of the Motor Vehicle unless such death or injury is caused by of
arising out or the use bf the Motor Vehicle in a public place in
Bangladesh within the meaning of Motor Vehicle Ord.1989. |
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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 Vehicle on the
Insured's order or with his permission provided that such
Driver. |
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(a) is not entitled
to indemnity under any other policy.
(b) shall as though he were the Insured observe fulfil and be
subject to the terms, exceptions and conditions of this policy
in so far as they can apply. |
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4. The Company may at
its own option (A) arrange to r representation at any Inquest or
Fatal Inquiry in respect to 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 of alleged
any 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 personal representatives
in the terms of and subject to the limitations of this Policy.
Provided that such personal representatives shall as though they
were the Insured observe, fulfil and be subject to the terms,
exceptions and conditions of the Policy in so far as they can
apply. |
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SECTION III-TOWING DISABLED VEHICLES |
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This policy shall be
operative whilst the Motor Vehicle is being used for the purpose
of towing anyone disabled mechanically propelled vehicle and the
indemnity provided by section 14 of the Policy shall subject to
its terms and limitations be extended to apply in respect or
liability in connection with such towed vehicle. |
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PROVIDED ALWAYS THAT: |
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(a) such towed
vehicle is not for reward.
(b) the Company shall not be liable by reason of this Section of
the Policy in respect of damage to such towed vehicle or
property being conveyed thereby. |
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AVOIDANCE OF
CERTAIN TERMS AND RIGHT OR RECOVERY |
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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
Vehicle Ord 1983,
Section 110.
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 provisions. |
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APPLICATION OF
LIMITS OF INDEMNITY |
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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
hereby of the .amount of any indemnity shall apply to the
aggregate amount of indemnity to all persons indemnied shall
apply in priority to the insured. |
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GENERAL
EXCEPTIONS |
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The Company
shall not be liable under this policy in respect of:
(1) any accident, loss or damage and/or liability causes,
sustained or incurred outside the Geographical Area
(2) any claim arising out of any contractual liability,
(3) any accident, loss or damage and/or liability caused,
sustained or incurred whilst any Motor Vehicle is : |
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(a) being used
otherwise than in accordance with the Limitation as to use or
(b) being driven by any person other than a Driver. |
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(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
radiation 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 or nuclear fission. |
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(5) any accident,
loss, damage or liability directly or indirectly caused by or
contributed to by or arising !rom nuclear weapons' material.
(6) any accident, loss, damage and/or liability caused,
sustained or incurred after any variation in or termination of
the insured's interest in the Commercial Vehicle.
The Company shall not be liable in respect of any accident,
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, strike, riot, civil commotion, mutiny, rebellion, military
or usurped power or by an direct or indirect consequences of any
of the said occurrences and except under section 11-1 (i) of
this policy whilst the insured or any person driving with the
general knowledge and consent of the Insured is under the
influence of intoxicating liquor or drugs 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 consequence
thereof and in default of such proof the Company shall not be
liable to make any payment in respect of such a claim. |
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CONDITIONS |
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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. |
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1. Notice shall be
given in writing to the Company immediately upon the occurrence
of any accident 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 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 the 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 co-operate 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 otherwise
and shall have full discretion in the conduct of any proceedings
or in the settlement of any claim and 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 in the Company's Liability under the
Section and reinquish the conduct of any defence settlement or
proceedings and the Company snail not be responsible for any
damage alleged to have been caused to the insured in consequence
of any alleged action or commission of the Company in connection
with such defence settlement or proceedings or on 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 Motor 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 the actual value or
the parts damaged or lost plus the reasonable cost of fitting
and shall in no case exceed the insured's estimate of the value
of the Motor Vehicle (including accessories thereon) as
specified in the Schedule or the value of the Motor Vehicle
(including accessories thereon) at the time of the loss or
damage whichever is the less.
5. The Insured shall take all reasonable steps to safeguard the
Motor Vehicle 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 Vehicle or any part thereof
or any drive or employee of the Insured. In the event of any
accident or breakdown, the Motor Vehicle shall not be left
unattended without proper precautions being taken to prevent
further damage or loss and if the Motor Vehicle be driven before
the necessary repairs are effected, any extension of the damage
or any further damage to the Motor Vehicle shall be entirely at
the insured's own risk.
6. The Company may cancel the 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 thereon 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 then current period of the insurance) the
Insured shall be entitled to a return of premium less premium at
the Company short period rates for the period the policy has
been in force.
7. If at the time any claim arises under this policy 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 rateable proportion of the loss, damage,
compensation, costs or expenses. Provided always that nothing in
this condition shall impose on the Company any liability from
which but for this condition it would have been relieved under
provision (a) of Section-II-3 of this policy.
8. If any difference shall arise as to the amount to be paid
under this policy (liability being otherwise admitted) such
difference shall be referred to an Arbitrator to be appointed by
the parties in accordance with the statutory provisions in that
behalf for the time being in force. Where any difference is by
this condition to be referred to arbitration the making of an
Award shall be a condition precedent to any right of action
against the Company.
9. The due observance and fulfillment of the terms, and
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 insurer to
make any payment under this policy. |
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