Personal Accident Insurance 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:-
- 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.
- 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.
- 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.
- 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:- |
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3. | occasioned by or happening through:- |
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4. | directly or indirectly caused by or contributed to by or arising from:-
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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:- |
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4. | The Insured shall:- |
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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. |
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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.