Owner Driver Compulsory Personal Accident (CPA) Insurance Bundled with Motor Insurance

Image

Photo by Element5 Digital from Pexels

Name of Insurer: National Insurance Company Limited

Who is Owner Driver: For the purpose of this Policy, the registered owner of the insured vehicle directly involved in the accident and, holding an ‘effective’ driving license for such insured vehicle is termed as Owner-Driver.

Coverage: The Company undertakes to pay compensation as per the following scale for bodily injury/ death sustained by the owner-driver of the vehicle in direct connection with the vehicle insured with National Insurance Company limited (hereinafter called Insured Vehicle) and also paid premium for CPA (Compulsory Personal Accident), whilst mounting into/dismounting from or traveling in the insured vehicle as a co-driver, caused by violent accidental external and visible means which independent of any other cause shall within six calendar months of such injury result in:

Coverage in CPA owner Driver

Nature of injury Scale of compensation
(i) Death 100% of Sum Assured
(ii) Loss of two limbs or sight of two eyes or one limb and sight of one eye. 100% of Sum Assured
(iii) Loss of one limb or sight of one eye 50% of Sum Assured
(iv) Permanent total disablement from injuries other than named above. 100% of Sum Assured

Provided always that,


A) the compensation shall be payable under only one of the items (i) to (iv) above in respect of the owner-driver arising out of any one occurrence and the total liability of the Company shall not in the aggregate exceed the sum insured as mentioned in the schedule subject to a maximum of Rs. 15 lakh during any one period of insurance.


B) no compensation shall be payable in respect of death or bodily injury directly or indirectly wholly or in part arising or resulting from or traceable to

(1) intentional self-injury, suicide or attempted suicide, physical defect or infirmity OR

(2) an accident happening whilst such person is under the influence of intoxicating liquor or drugs.

C) Such compensation shall be payable directly to the insured or to his/her legal representatives whose receipt shall be the full discharge in respect of the injury to the insured.

Warranty
It is warranted that, this cover is subject to:

(a) the owner-driver is the registered owner of the insured vehicle as defined above at the material time of the accident;

(b) the owner-driver is the insured named in this policy.

(c) the owner-driver holds an effective driving license, in accordance with the provisions of Rule 3 of the Central Motor Vehicles Rules, 1989, at the material time of the accident for such insured vehicle.

(d) the insured vehicle (as defined above) is covered under any motor insurance policy (Liability Only or Package Policy whether annual or long term or bundled) at the material time of accident

Salient Features

a. Duration of Cover: The duration of the Policy shall be one year.

b. Eligibility: Policy shall be available to Owner-Driver of any motor Vehicle

c. Renewal

1. Renewal shall be allowed by mutual consent and before the expiry of the policy, subject to eligibility.

2. The Company is not bound to send renewal notice.

d. Capital Sum Insured (CSI): Maximum CSI allowed under the Policy is INR 15,00,000 per annum.

e. Transfer of Policy: The Policy is not transferrable, even if the Motor Vehicle owned by the insured is sold / transferred.

f. Multiple Vehicles: Multiple vehicles owned by same person should not opt for bundled CPA, however person can take stand alone CPA policy and include all vehicles registration number, that can cover multiple vehicles in a single standalone CPA policy.

General Exceptions

The Company shall not be liable in respect of :

1. Any accidental bodily injury/ death caused/ sustained outside the Geographical Area as defined in the motor insurance policy of the insured vehicle.

2. Any claim arising out of any contractual liability.

3. Any accidental bodily injury/ death caused/ sustained whilst the insured vehicle is:

a) Being used otherwise than in accordance with the Limitations as to Use as defined in the motor insurance policy of the insured vehicle.

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 as defined in the motor insurance policy of the insured vehicle.

4 i) Any loss or expense whatsoever resulting or arising from accidental bodily injury/ death or any consequential loss.

ii) Any liability of whatsoever nature directly or indirectly caused by or contributed to or 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 bodily injury/ death directly or indirectly caused by or contributed to or by or arising from nuclear weapons material

6. Any accidental bodily injury/ death directly or indirectly or proximately or remotely occasioned by or contributed to or 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 bodily injury/ death occurred independently of and was in no way connected with or occasioned by or contributed to or 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.

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 bodily injury/ death 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 injury in respect of any occurrence which may give rise to a claim under this policy. In case of any 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. The Insured shall take all reasonable steps to safeguard the insured vehicle and to maintain it in efficient condition and the Company shall have at all times free and full access to examine the vehicle. In the event of any accident or breakdown, the vehicle shall not be driven before the necessary repairs are effected and any accident of the nature defined above leading to death or disability due to insured vehicle being driven without necessary repairs shall be entirely at the insured's own risk.

3. If at the time of occurrence of an event that gives rise to any claim in accordance with the terms and condition of this policy there is in existence any other compulsory personal accident (CPA) cover or stand-alone compulsory personal accident (SA CPA) insurance policy covering the same owner-driver, the Company shall not be liable to pay or contribute more than its ratable proportion of any compensation, cost or expense.

4. If any dispute or difference shall arise as to the quantum to be paid under this 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 Arbitration shall be conducted under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended by Arbitration and Conciliation (Amendment) Act, 2015 (No. 3 of 2016).

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.

5. 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 conditions precedent to any liability of the Company to make any payment under this Policy.

6. The Company shall not be liable to make any payment under the Policy in respect of any claim if such claim be in any manner fraudulent or supported by any fraudulent statement or device/ document whether by the Insured or by any person acting on his/ her behalf.

Documents to be submitted in support of any claim under the Policy:

a. Claim Intimation Letter (as per Condition 1 above)

b. Claim Form

c. Original Policy Document

d. RC Book of vehicle

e. Driving License of Owner-Driver

f. Proof of Medical Aid/ Treatment received

g. Hospital Bills, Prescription and Discharge Certificate

h. Death Certificate and Post Mortem Report (in case of death due to accident)

i. FIR with Police

j. Medico Legal Certificate (MLC), wherever applicable

k. Disablement certificate (in case of disablement due to accident)

l. Any other document/ information, if required by the Company.

Premium Rate

Premium rate for CSI of INR 15,00,000 per annum shall be INR 295/-. Applicable taxes extra.