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Personal Accident Policy

Whereas the Insured has made to the Tugu Insurance Company Limited (hereinafter called "the Company") a proposal and declaration which shall be the basis of this contract and be deemed to be incorporated herein and in consideration of the payment to the Company of the First Premium.


Now this Policy Witnesseth that if at any time during the Period of Insurance the Insured shall sustain Bodily Injury as defined in the Table of Benefits.


The Company will (subject to the Conditions contained herein or endorsed or otherwise expressed hereon, which Conditions so far as the nature of them respectively will permit shall be conditions precedent to the right of the Insured to recover hereunder) pay to the Insured or his legal personal representatives the sum or sums of money as provided in the said Table of Benefits.


PROVIDED THAT:-

  1. The aggregate liability of the Company under Section 1, 2, 3, 4 & 5 shall not exceed during the Period of Insurance the largest amount payable under any one of these Sections in respect of any one injury.
  2. The payment of any Capital Sum shall, as from the date of such Bodily Injury, cancel this insurance and discharge the Company from any further claims under the Policy, moreover, the same shall only be payable upon delivery of the Policy properly discharged.
  3. The Company shall not be liable to make any payment under the Policy in respect of any Bodily Injury until the entire amount payable in respect thereof is ascertained and agreed. No sum payable shall carry interest.
  4. Any payment made in respect of Bodily Injury will discharge all other claims hereunder in respect of the same Bodily Injury.

EXCEPTIONS

This Insurance shall not apply to Bodily Injury


1. consequent upon the Insured engaging in:-
  1. hunting, steeplechasing, motorcycling as driver or passenger, racing of any kind or any practice therefor (other than on foot), mountaineering, gliding including hang gliding, parachuting, diving, winter sports, ski-ing, water ski-ing, water ski-jumping, ice-hockey, rugby, polo, pot-holing, or using power-driven woodworking machinery or any abnormally hazardous adventure which expression shall include but in no way be limited to skin diving, deep sea fishing, yachting other than inshore sailing, toboganning, bobsleighing, under water pastimes, mountain or rock climbing necessitating the use of ropes or guides, expeditions, boxing, wrestling, judo, karate, unarmed combat, skating, show jumping.
  2. flying except as a passenger in a fully licensed passenger aircraft not as a member of the crew nor for the purpose of undertaking any trade or technical operation therein.
2.
  1. sustained whilst the Insured is under the influence of or affected by intoxicants or drugs or suffering from venereal disease or insanity or directly or indirectly caused by or contributed to or aggravated by childbirth or pregnancy or the result or consequence thereof.
  2. suffering from Acquired Immune Deficiency Syndrome (AIDS).
  3. suffering from pre-existing physical or mental defect or infirmity which had not been declared to and accepted in writing by the Company.
3. occasioned by or happening through:-
  1. war, invasion, act of foreign enemy hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, riots, strikes, or civil commotion.
  2. suicide or any attempt thereat or intentional self-injury or wilfully exposing himself to needless peril except in an attempt to save human life.
  3. medical or surgical treatment except where such treatment is rendered necessary by bodily injury within the scope of this Policy.
4. directly or indirectly caused by or contributed to by or arising from:-
  1. ionising radiation 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.
  2. nuclear weapons material.

DEFINITION

Hi-jacking

Hi-jacking means unlawful seizure or wrongful exercise of control of an aircraft or conveyance, or the crew thereof in which the Insured is travelling as a passenger. Cover under this Policy shall continue whilst the Insured is subject to the control of the person(s) or their associates making the Hi-jacking and during travel direct to his domicile and/or original destination for a period not exceeding one month from the date of the Hi-jacking.

CONDITIONS

1. This Policy and the Schedule shall be read together as one contract 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 such meaning wherever it may appear.

2. Every notice or indication to be given or made under this Policy shall be delivered in writing to the Company.

3. The Company shall not be liable:-
  1. if there be any mis-statement in or if a material fact be omitted from the proposal.
  2. in respect of any claim if such claim shall be in any manner fraudulent or supported by any fraudulent statement or device whether by the Insured or any person on behalf of the Insured.
  3. unless after injury the Insured shall procure and act upon proper medical or surgical advice.
  4. in respect of any Bodily Injury happening prior to the payment of the premium for the Period of Insurance.
4. The Insured shall:-
  1. give immediate notice to the Company of any change in his profession or occupation or habits or pursuits and pay any additional premium that may be required by the Company.
  2. before each renewal give notice to the Company of any disease or physical defect or infirmity with which he has been affected or of which he has become aware.
5.
  1. Upon the happening of any Bodily Injury which may give rise to a claim under this Policy, the Insured shall give notice thereof in writing to the Company as soon as possible but in any case within fourteen days of the occurrence.
  2. All certificates and information and evidence required by the Company shall be furnished at the expense of the Insured or any Claimant hereunder and shall be in such form and of such a nature as the Company may prescribe.
6.
  1. The insured shall as often as required submit to medical examination at the request of the Company and at the Company's expense.
  2. In the case of the death of the Insured the Company shall at its own expense be entitled to have a post mortem examination and to be supplied with a report.
7. If the Insured disappears during the currency of this Insurance and his body is not found within one year after his disappearance, and sufficient evidence is produced satisfactory to the Company that leads them inevitably to the conclusion that he sustained accidental bodily injury and that such injury caused his death, the Company shall forthwith pay the death benefit under this Insurance provided that the person or persons to whom such sum is paid shall sign an undertaking to refund such sum to the Company if the Insured person is subsequently found to be living.

8.
  1. The Company shall not be bound to accept any renewal premium or to send any notice of the renewal premium becoming due and the Policy shall not be renewable after the end of the Period of Insurance during which the Insured has attained the age of 65.
  2. The Company may at any time cancel this Policy by sending fourteen days notice by registered letter to the Insured at his last known address and in such event the Insured shall become entitled to the return of a proportionate part of the premium corresponding to the unexpired Period of Insurance.
9. No assignee shall be entitled to any compensation under this Policy except that payable in respect of death.

10. 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 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 Arbitrators, one to be appointed in writing by each of the parties within one calendar month after having been required in writing so to do by either of the parties, or in case the Arbitrators do not agree, of an Umpire appointed in writing by the Arbitrators before entering upon the reference. The Umpire shall sit with the Arbitrators and preside at their meetings and the making of an award shall be a condition precedent to any right of action against the Company.

11. In no case shall the company be liable in respect of any claim after the expiration of twelve months from the occurrence of the bodily injury giving rise to it unless the claim has been admitted or is the subject of pending legal action or arbitration.

NOTE - Words in the masculine gender shall include the feminine.