ALL INDIA TARIFF

ON

CONTRACTOR’S PLANT AND MACHINERY

INSURANCE

TARIFF ADVISORY COMMITTEE

ADOR HOUSE,
6, K. DUBASH MARG
MUMBAI

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The tariff advisory committee (hereinafter called the committee) has laid down
rules, regulations, rates, advantages, terms and conditions, as contained herein,
for transaction of contractor’s plant and machinery insurance business in india in
accordance with the provisions of part ii b of the insurance act, 1938.

Any breach of tariff shall be dealt with as per the relevant provisions of the
insurance act, 1938.

CONTRACTOR'S PLANT AND MACHINERY INSURANCE

INDEX

Contents Page

1. GENERAL RULES & REGULATIONS- 3-13

2. SCHEDULE & STANDARD POLICY FORM – 14

3. PROPOSAL FOR 15-27

CONTRACTOR’S PLANT & MACHINERY INSURANCE -

4. RATING SCHEDULE - 28-31

4.1 Table I –Rate Schedule for Groups I to V

Equipment. 28

4.2 Table 2 - Earthquake Extra - Schedule.

28
4.3 Table 3 – Excesses for Various Equipment.
29
For Machinery under Group I,II,III & IV.
For Cranes above 10 tonnes capacity under 30
Group III. 30
For Machinery under Group V.

4.4 LIST OF CPM EQUIPMENT UNDER GROUPS I,II,III,IV & 31-33

V.

4.5. RATING OF GENERAL ITEMS. 34

5. ENDORSEMENTS 35-39

6. TERRORISM CIRCULARS 40-44

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GENERAL REGULATIONS

1. JURISDICTION –

This applies to all risks located in India.

CPM Policy can be issued covering equipment on “Anywhere in India basis” with
following stipulations.

a) Full description with identification number etc. of each and every

equipment with valuation should be declared.
b) Transit risks from site to site will be excluded.
c) Earthquake extra for Zone I will be charged for the entire policy OR,
alternatively, Earthquake Cover will be excluded for Zones I & II.
d) Loading of 10% on the Basic CPM Rate shall be charged to cover
Floater Risk.

2. PROHIBITION TO ISSUE MB POLICY ON CPM EQUIPMENT-

MB risks in case of CPM equipments should not be covered either as an

extension of CPM insurance policy or under a separate MB policy.

3. SCOPE –

The cover shall be as per the standard policy form in respect of Contractor's
Plant & Machinery Insurance.

The Insurance of all types of Contractor's Plant Machinery and Equipments

(including those governed by the Motor Vehicles Act or rateable under Motor
Tariff) engaged for work at any specified location in India, shall be subject to
these General Regulations.

In respect of Machinery/ equipments, whether registered with RTO or not, but

engaged at the Project site, the Insured, has an option either to select the
Motor/Non-Motor Policy under Motor Tariff or CPM Policy in the Engineering
Department.
In case of doubt as to the applicability of Rate Schedule and these General
Regulations, the matter should be referred to the Tariff Advisory Committee
through Head Office of the Insurers.

4. NUMBER OF LOCATIONS IN A POLICY –

The Policy Schedule will necessarily include a list of all items of Contractor's Plant,
Machinery and Equipments, indicating separate value against

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each item. Any additions or deletions in these items during the Policy period of 12
months can be done on short period basis.

Policy schedule may also include more than one locations (projects sites) with
separate list of Contractors Plant , Machinery & Equipment at each location
(Project site). Here also any addition or deletion of different locations or any
items of CPM equipments may be done on short period basis.

However, if the Insurance is taken for a period shorter than 12 months, premium
to be charged will be on the basis of Short Period Scale provided hereafter.
Similarly, the Insurance taken for 12 months initially but cancelled mid-term,
before completion of 12 months, will entitle refund on Short Period Scale only.

5. SHIFTING OF CONTRACTOR'S PLANT & MACHINERY-TRANSIT RISK –

Many a times items of Contractor's Plant, Machinery and Equipments require to

be shifted from one location (project site) to another location (project site). The
risks during transit (any mode) from one location to another location is outside
the scope of this policy and should be covered separately, if required, in the
Marine Department.

However, the risk during shifting of items of Contractor’s Plant, Machinery and
Equipments, in connection with work at a project site from one point of the
project site to another point in the same project site, is deemed to be covered
within the rates prescribed in Table I of Part I - Rate Schedule.

6. CONTRACTORS PLANT MACHINERY UNDER EAR/SCE/CAR

Where the SI on CPM equipments under the project requiring EAR/SCE insurances
exceeds 5% of SI for EAR/SCE or Rs.25 lacs whichever is lower, such equipment
must be rated under the CPM tariff.

Where the SI on CPM equipments under the project requiring CAR insurances
exceeds 5% of SI for CAR, such equipment must be rated under the CPM tariff.

7. FLOATER RISKS-

Loading of 10% on the Contractor's Plant, Machinery & Equipment rate shall be
charged to cover Floater Risks.

8. RATES AND EXCESS FOR CPM INSURANCE –

Each item of the Contractor's Plant, Machinery & Equipment shall attract
separate rates as prescribed in Rate Schedule.

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All Acts of God Perils other than Earthquake (Fire and Shock) are taken care of in
the rates prescribed in Rate Schedule. However, no reduction in the rates can be
allowed for excluding any of these perils.

For any single loss, only one excess would be applicable and that would be the
higher of the two applicable to the equipments OR for additional covers like
removal of debris etc.

The Policy excess will apply in case of claims relating to SURROUNDING Property
Damage. A separate excess as per Tariff shall be applicable on Air Freight and
Additional Customs Duty.

9. DISCOUNT FOR HIGHER EXCESS AMOUNTS –

All rates prescribed in Table I of Rate Schedule are subject to minimum Excess
per claim as in Table III.

Discounts for selection of Higher Excess amounts can be allowed in the rates
prescribed in Table I, as per the following scale: -

Engg/Gen-10/17/16/2001/18 4th May, 2001

Re: `Higher Excess Discount' Scheme under MB, CPM and EEI Policies at par
with Scheme under EAR, CAR Policies.

The Tariff Advisory Committee decided to adopt the present higher excess
discount scheme available under EAR/CAR policies for projects with Sum
Insured less than Rs.100 cr., for MB, CPM and EEI policies also as under:-

Excess opted Discount

2 times 5%
5 times 10%
10 times 20%
20 times 30 %

It is permissible to grant discounts as per following in the Earthquake premium

alone (for risks in Earthquake Zone I & II), if Higher Excess amounts are selected
for claims arising out of AOG perils: -
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The selection of Higher Excess for claims arising out of AOG Perils shall qualify for
discounts in Earthquake premium alone & not in the premium/rate in Table I of
Part I Rate Schedule.

10. ADDITIONAL RATES FOR EARTHQUAKE (FIRE & SHOCK) PERILS –

Additional rates, as prescribed in Table II of Part I- Rate Schedule, are to be

charged in respect of Contractor’s Plant, Machinery & Equipments engaged for
work at a location/ project site, situated in Earthquake Zone I & II (as defined in
the All India Fire Tariff).

These additional rates take care of Earthquake (Fire & Shock) Perils only.
Earthquake cover is optional in Earthquake Zones I & II.

Earthquake Extra for Zone I & II will be charged for the entire policy or
alternatively Earthquake cover will be excluded for Zone I & II.

11. ACTS OF GOD PERILS –

The Acts of God Perils shall mean -

Earthquake (Fire & Shock)

Landslide, Rockslide, Subsidence
Flood, Inundation
Storm, Tempest, Hurricane, Typhoon, Cyclone.

12. EXCESS FOR CLAIMS ARISING OUT OF AOG PERILS –

The Excess amount prescribed in Table III of Part I Rate Schedule for claims arising
out of Acts of God Perils shall apply separately to each incident giving rise to loss
or damage and for this purpose an incident shall not be considered to have
terminated until there have been seven consecutive days freedom from the
perils concerned and only thereafter will these excess amounts apply afresh.

13. DELETION OF EXCEPTION ‘K’ OF THE POLICY

For deletion of Exception ‘K’ under the Policy regarding Contractor’s Plant
and or Machinery working underground, applicable tariff rate should be
loaded by 50%

14. CONTRACTOR'S PLANT & MACHINERY EQUIPMENTS MOUNTED ON FLOATING

VESSEL/CRAFT –

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The Contractor’s Plant, Machinery & Equipments mounted on floating
vessel/craft and used for the purpose of contract work shall attract the rates
prescribed in Table I of Rate Schedule.

However, the Excess applicable for claims on such plant, machinery &
equipments mounted on floating vessel/craft shall be the Excess prescribed for
`claims arising out of AOG Perils’ in Table III of Part I - Rate Schedule.

15. ROUNDING OF RATES:-

It is not permissible to round off the rates in Annual Engg. Policies.

16. SHORT PERIOD SCALE OF PREMIUM RATES –

Policies issued or renewed for periods shorter than 12 months must be charged
for on the following scale, which must also be applied in calculating the
premium where policies are cancelled during currency at the request of the
Insured.

Policy Period Required % of Annual Premium

Not exceeding 1 week 10 % of Annual Premium

Not exceeding 1 month 25 % of Annual Premium
Not exceeding 2 months 35 % of Annual Premium
Not exceeding 3 months 50 % of Annual Premium
Not exceeding 4 months 60 % of Annual Premium
Not exceeding 6 months 75 % of Annual Premium
Not exceeding 8 months 85 % of Annual Premium
Exceeding 8 months Full Annual Premium

17. THIRD PARTY LIABILITY –

A rate of 0.25 % p.a. should be charged on the total limit of indemnity selected
to cover the Third Party Liability upto the following limits: -

Any one person Rs.10, 00,000/-

Any one Accident Rs.25, 00,000/-
Third Party Liability Insurance for limits in excess of those mentioned above should
be underwritten in the Miscellaneous Department at the discretion of the Insurer.

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The Excesses applicable for TPL Property Damage claims will be the highest of
the Excesses applicable to the Machineries insured.

Engg/Gen-10/2001-33 3rd August,2001.

Re:"Third Party Liability" extension under Annual [Link]

Arising out of a representation, the Committee has decided that the maximum
Sum Insured under TPL extension of Annual Policies viz., MB /EEI/CPM/BPP should
not exceed 10% of the Sum Insured subject to a maximum amount of Rs.10 crs.
per location.

18. OWNER'S SURROUNDING PROPERTY –

A rate of 0.25 % p.a. should be charged on the Sum Insured for Owners
Surrounding Property.
The Excesses applicable on the Owners Surrounding Property will be the highest
of the excesses applicable to machineries Insured.

19. CLEARANCE AND REMOVAL OF DEBRIS –

A rate of 0.25 % p.a. should be charged on the Sum Insured for Clearance &
Removal of debris.
The Excess applicable on the Clearance and Removal of debris will be highest of
the Excesses applicable to machineries insured

20. ADDITIONAL CUSTOM DUTY –

The cover for Additional Custom Duty is subject to following:

The cover for ACD will be on First Loss Basis,

The specific limit for ACD - either in percentage or in amount has to be selected
by the Insured at the inception of the policy and can be reinstated in the event
of loss.
The rate and excess will be as under:

Rate 2 % to be charged on ACD amount selected

21. EXPRESS FREIGHT-

Additional rate for express freight (air freight excluded), holiday and overtime
rates of wages –

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The additional premium for covering express freight (air freight excluded),
holiday and overtime rate of wages, will be at the average rate applied on the
limit selected.

22. AIR FREIGHT –

The rate and excess as under shall be charged exclusively for items of air freight
only and subject to the limit selected by the Insured for indemnity against air
freight only.

Rate 5 % on the amount of indemnity selected

Excess 5 % of the air freight incurred per claim

23. ABANDONMENT

Loss or damage due to abandonment of any plant and/or machinery working in

underground mines or tunnels shall be excluded from the cover.

24. PAY LOADERS-

Pay Loaders on barges cannot be covered under CPM Policy

25. DISMANTLING OF CPM EQUIPMENT AND SHIFTING TO A NEW LOCATION

Equipment covered under the CPM policy at a location are dismantled and
shifted to new/other site and re-erected there at, can be covered on payment
of additional premium at the rate of Rs. 0.20 % for that
equipment.

26. APPLICATION FOR SPECIAL RATING –

Application for special rating should be accompanied by an Inspection Report

which must invariably contain following information: -

Claim history for last 5 years preceding expiry policy period.

Total premium received
Claims paid and outstanding
Any special remarks.

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27. SCALE OF CLAIMS EXPERIENCE DISCOUNTS OR LOADINGS –

Average claims ratio in % for Excess

5 years preceding the Discou Loadi
expiring policy period nt (%) ng
(%)
Normal
Upto 05 30
Normal
Above 05 and upto 15 25
Normal

Above 15 and upto 30 20

Normal
Above 30 and upto 40 15
Normal
Above 40 and upto 45 10
Normal
Above 45 and upto 50 5
Normal

Above 50 and upto 60 Nil Nil

Normal
Above 60 and upto 80 5
Normal
Above 80 and upto 100 10
Normal
Above 100 and upto 125 15
Normal
Above 125 and upto 150 20
Normal
Beyond 150 and upto 200 35
Above 200 and upto 300 35 1.5 times tariff excess
Above 300 and upto 400 40 2.0 times tariff excess
Above 400 and upto 500 45 2.5 times tariff excess
Above 500 and upto 1000 50 3 times tariff excess
Above 1000 100 5 times tariff excess

The claims ratio to be calculated on incurred basis.

Engg/Gen-10/17/16/62/2004/9 20th July, 2004

BONUS/MALUS SCHEME UNDER MB, CPM, EEI & DOS POLICIES. The above
decision is effective from 16 th August, 2004.

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Loading and Discount will apply for proposals in respect of risks where the Sum
insured is in excess of Rs. 5 Crores in their compounds.

In case more than one policy is issued in one compound and if their aggregate
sum insured exceeds Rs. 5Crs., all such policies issued in the compound shall
attract the loading/discount.

For Sum Insured upto Rs. 5 Crores, there will not be any discount applicable
and full Tariff Rates are to be charged. The Proposals with the Sum Insured
less than Rs. 5 Crores already rated by TAC shall, however, continue to be
guided by the above scale of Discounts/Loading until the Claims Experience
during 5 years preceding the expiry policy warrants neither loading nor
discounting over the Tariff Rates.

Notes –

The loss experience discount will be decided taking into account the claims
experience during the 5 years preceding the expiring policy period. To become
eligible for earning a discount, the policy should have run continuously for a
period of 3 years. Loading if any, however, shall become applicable from the
second year onwards.

Further if there is any gap between Consequent Renewals, for earning a

discount, the minimum waiting period of 3 years detailed in Note (1) shall apply
afresh. However, for loading purposes the claims experience under the 5 policy
periods preceding the expiring policy period shall be taken into account, if
available. Otherwise available claims experience shall be taken into account.

28. RULES FOR CANCELLATION –

For cancellation of insurance policy during the currency either wholly or in

part -
at the option of the Insurer, a pro-rata refund of premium may be allowed for
the unexpired term on demand ,
at the Insured's request, refund of premium may be allowed after charging
premium for the time insurance was in force on short period scale subject to the
retention of minimum premium by the Insurer.

However, if, policy is replaced by new annual one, covering identical

equipment/machines for Sum Insured not less than the respective Sums Insured
under the cancelled policy, refund of premium may be allowed on pro-rata
basis subject to retention of minimum premium and subject to no loss.

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If the risk is insured under short period scale, refund may be calculated at pro-
rata of the short period scale of premium provided such cancellation is followed
by an annual policy for Sum Insured not less than the Sum Insured under
cancelled policy. Otherwise, retention of premium shall be on short period
scale.

For the Sum Insured not replaced in the renewed policy after cancellation,
refund must be calculated after charging premium on such sum for the time
insurance was in force on short period scale subject to retention of minimum
premium by the Insurer.

In case of revision of Tariff rates/excess, it is not permissible to cancel the policy

and allow a refund of premium whereby an Insured pays lower premium for an
insurance than is payable at the rates applicable at the commencement of the
policy.

29. MIDTERM INCREASE IN SUM INSURED –

If the Sum Insured is increased during the currency of the policy. Short period
scale of rates shall apply to increased amounts.

If the policy is renewed thereafter for 12 months for an amount not less than the
increased Sum Insured, the difference of premium between short period scale of
rates and pro-rata rate may be refunded.

30. ESCALATION PROVISION -

It will be in order for Insurers to allow automatic regular increase in the Sum
Insured throughout the period of the policy in return for an additional premium to
be paid in advance. The terms and conditions for this extension shall be as
follows -

The selected percentage increase shall not exceed 25 % of the Sum Insured. The
additional premium, payable in advance, will be at 50 % of the full rate, to be
charged on the selected percentage increase.

The Sum Insured at any point of time would be assessed after application of the
Escalation Clause.

Different escalation percentages for different machines may be granted under

the escalation clause. Prorata Condition of Average will continue to apply as
usual.

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The Automatic increase operates from the date of inception upto the date of
operation of any of the Insured Perils.

31. GROSS RATES-

All rates specified in this Tariff are Gross Rates and Agency Commission (or
discount in lieu of Agency Commission) can be allowed from these rates, as per
the Rules prevailing from time to time.

Engg/Gen-16/2001-28 3rd August,2001.

Re : Additional covers under EEI/CPM/BPP policies

The Tariff Advisory Committee hereby clarified that the following additional
covers which are at present available under MB policy can also be given under
other annual engineering policies i.e. EEI/CPM/BPP
l. Escalation Clause
[Link] freight.
[Link] freight.
[Link] Surrounding property.
[Link].
[Link] Customs Duty.

Engg/Gen-17/2003-1 13-3-03

Comprehensive Package Policy - CPM Equipment

The Tariff Advisory Committee in its 4th meeting held on 25-8-99 had
considered a proposal to allow the insurers to issue contingency policy on ‘FIRST
LOSS BASIS’ on CPM equipment where there were difficulties experienced by the
insureds in declaring values of the individual CPM equipment, particularly in the
case of large projects and considering the multifarious covers like transit risks,
internal breakdowns, etc., etc., required in such projects.
It was decided that the Insurance Companies may consider proposals for
contingency policy subject to adequate R.I. support including cover on First Loss
basis where there was difficulty in providing individual Sum Insured for various
machineries at different locations.
Arising out of representations from insurers for reviewing the above
decision, the TAC in it’s 13th meeting held on 10th Feb. 2003, decided that the
provision for issuing Contingency Cover could be continued subject to the
following:
i) The rates and terms for tariff components should be as per tariff. For MB
cover a minimum additional rate of 0.70% should apply over and above the

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applicable CPM Tariff rate. Premium for non-tariff covers should be in addition to
the premium applicable for tariff covers.

ii) Sum Insured should be on ‘reinstatement value’ basis as in CPM/MB

policies. In other words, First-loss Policies would not be allowed.
******
SCHEDULE

POLICY No. Date

Name & Address of the Insured

LOCATIONS OF OPERATION

Period of Insurance From __________ To

__________________

Annual Premium Rs. ______________

SPECIFICATION OF INSURED ITEMS

Item Description of items (type, Year of Sum

No. Qty. Manufacturer, Capacity) Manufactur Insured Excess
e

TOTAL SUM INSURED . .

IN WITNESS WHERE OF the undersigned being duly authorised by directors of the

Company has/have hereunder set his/their hand(s) at __________ on this
_________ day of _____________20___

For____________(Co. Ltd.)

Examined _______________
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Entered ______________ Duly Constituted Authority

_____________________________________Company Ltd.

STANDARD POLICY FORM

CONTRACTOR'S PLANT & MACHINERY INSURANCE POLICY -

____________________________________________________ Insurance Co. Ltd.

Registered, Office __________________________________

WHEREAS the insured named in the Schedule hereto by a proposal and

declaration, which shall be the basis of this contract and is deemed to be
incorporated herein has applied to the__________________ CO. Ltd. (hereinafter
called the Company ) for the insurance hereinafter contained and has paid
the premium as consideration for such Insurance in respect of accident or
damage occurring during the period of Insurance stated in the Schedule or
during any subsequent period for which the Insured pays and the Company
may accept the premium for the renewal of this Policy.

NOW THIS POLICY OF INSURANCE WITNESSETH

THAT subject to the terms, exceptions, exclusions, provisions and conditions

contained herein or endorsed hereon, the Company will at its own option by
payment or reinstatement or repair indemnify the Insured against unforeseen
and sudden physical damage by any cause not hereinafter excluded to any
Insured Property specified in the attached Schedule(s) whilst at the location
mentioned therein necessitating its immediate repair or replacement. This Policy
shall apply to the insured items whether they are at work or at rest, or being
dismantled for the purpose of cleaning or overhauling, or in the course of the
aforesaid operations themselves, or when being shifted within the premises, or
during subsequent re-erection, but in any case only after successful
commissioning. The liability of the Company for any one item of the insured
property shall not exceed in the aggregate in any one Period of Insurance the
Sum Insured set against such item in the attached Schedule(s). However the sum
insured under such item can be reinstated after occurrence of a claim for
balance period.

EXCEPTIONS –

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THE COMPANY SHALL NOT BE LIABLE UNDER THIS POLICY IN RESPECT OF -

the Excess stated in the Schedule to be borne by the Insured in any one
occurrence; if more than one item is lost or damaged in one occurrence, the
insured shall not, however, be called upon to bear more than the highest single
Excess applicable to such items;
loss or damage due to electrical or Mechanical breakdown, failure, breakage
or derangement, freezing of coolant or other fluid, defective lubrication or lack
of oil or coolant, but if as a consequence of such breakdown or
derangement an accident occurs causing external damage, such
consequential damage will be indemnifiable.

loss of or damage to replaceable parts and attachment such as bits, drills,

knives or other cutting edges, saw blades dies, moulds, patterns, pulverizing and
crushing surfaces, screens and sieves, ropes, belts, chains, elevator and
conveyor bands, batteries, tyres, connecting wires and cables, flexible pipes,
joining and packing material regularly replaced;

loss or damage due to explosion of any boiler or pressure vessel subject to

internal steam or fluid pressure or of any internal combustion engine;

loss of or damage to vehicles designed and licensed for general road use
unless these vehicles are exclusively used on construction site;

loss of or damage to Hull and machinery of waterborne vessels or crafts,

however this exclusion shall not apply to Contractors Plant and machinery
mounted on water borne vessels or crafts for the purpose of use for the contract
work.

loss or damage due to total or partial immersion in tidal waters;

loss or damage whilst in transit, from one location to another location. (Public
Liability will not be payable while Contractors Plant & Machineries are on Public
Roads).

loss or damage as a direct consequence of the continual influence of

operation (e.g. wear and tear, corrosion, rust, deterioration due to lack of use
and normal atmospheric conditions);

loss or damage occurring whilst any insured item is under- going a test of any
kind or is being used in any manner or for any purpose other than that for which
it was designed;

loss of or damage to plant and/or machinery working underground.

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Note- This does not apply to Machineries used in Tunneling works.

War, Invasion, act of foreign enemy, hostilities or war like operation (whether war
be declared or not), Civil War, Rebellion Revolution Insurrection, Mutiny, Civil
Commotion, Military or usurped power, martial law, conspiracy, confiscation,
commandeering a group of malicious person or persons acting on behalf of or
in connection with any political organisation, requisition or destruction or
damage by order of any government de jure or de facto or by any public,
Municipal or Local Authority.

loss or damage directly or indirectly caused by, or arising out of, or aggravated
by nuclear reaction, nuclear radiation or radioactive contamination.

loss or damage due to any faults or defects existing at the time of

commencement of this policy within the knowledge of the insured or his
representatives, whether such faults or defects were known to the Company or
not;

loss or damage directly or indirectly caused by, or arising out of or aggravated

by the willful act or willful negligence of the insured or his representatives.

loss or damage for which the supplier or manufacturer is responsible either by

law or under contract;

consequential loss or liability of any kind or description;

loss or damage discovered only at the time of taking an inventory or during

routine servicing.

In any action, suit or other proceeding where the company allege that by
reason of the provisions of exclusions (m) to (q) above any loss, destruction or
damage is not covered by this policy, the onus of proving that such loss,
destruction or damage is covered shall be upon the insured.

PROVISIONS

SUM INSURED –

It is a requirement of this insurance that the Sum Insured shall be equal to the
cost of replacement of the insured property by new property of the same kind
and same capacity, which shall mean its replacement cost including freight,
dues and customs duties if any and erection costs.

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BASIS OF INDEMNITY –

In cases where damage to an insured item can be repaired the Company will
pay expenses necessarily incurred to restore the damaged machine to its
condition immediately prior to the accident/loss plus the cost of dismantling and
re-erection incurred for the purpose of effecting the repairs as well as ordinary
freight to and from a repair-shop, customs duties and dues if any, to the extent
such expenses have been included in the Sum Insured. If the repairs are
executed at a workshop owned by the Insured, the Company will pay the cost
of materials and wages incurred for the purpose of the repairs plus a reasonable
percentage to cover overhead charges.

No deduction shall be made for depreciation in respect of parts replaced,

except those with limited life, but the value of any salvage will be taken into
account. If the cost of repairs as detailed hereinabove equals or exceeds the
actual value of the machinery insured immediately before the occurrence of the
damage, the settlement shall be made on the basis provided for in (b) below.

In cases where an insured item is totally destroyed the Company will pay the
actual value of the item immediately before the occurrence of the loss,
including costs for ordinary freight, erection and customs duties if any, provided
such expenses have been included in the sum insured, such actual value to be
calculated by deducting proper depreciation from the replacement value of
the item. The Company will also pay any normal charges for dismantling of the
machinery destroyed but the salvage shall be taken into account.

Any extra charges incurred for overtime, night-work, work on public holiday,
express freight, are covered by this insurance only if especially agreed to in
writing.

In the event of the Makers' drawing, patterns and core boxes necessary for the
execution of a repair, not being available, the Company shall not be liable for
the cost of making any such drawings, patterns and core boxes.

The cost of any alteration, improvements or overhauls shall not be recoverable

under this Policy.

The cost of any provisional repairs will be borne by the Company if such repairs
constitute part of the final repairs, and do not increase the total repair expenses.

If the sum insured is less than the amount required to be insured as per Provision- I
herein above, the Company will pay only in such proportion as the sum insured
bears to the amount required to be insured. Every item, if more than one, shall
be subject to this condition separately.

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The Company will make payments only after being satisfied, with the necessary
bills and documents, that the repairs have been effected or replacement have
taken place, as the case may be. The Company may, however, not insist for bills
and documents in case of total loss where the insured is unable to replace the
damaged equipment for reasons beyond their control. In such a case claims
can be settled on ‘Indemnity Basis’.

CONDITIONS –

This Policy and the attached Schedule(s) shall be read together as one contract
and any words and expressions to which specific meanings have been attached
in any part of this Policy or of the attached Schedule(s) shall bear the same
meaning wherever they may appear.

If a claim is in any respect fraudulent or if any false declaration is made or used

in support thereof or if any fraudulent means or devices are used by the Insured
or any one acting on his behalf to obtain any benefit under this Policy, or if a
claim is made and rejected and no action or suit is commenced within three
months after such rejection or in case of arbitration taking place as provided
therein within three months after the arbitrator or arbitrators or umpire have
made their award, all benefits under this Policy shall be forfeited.

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 who shall
be entitled if they so desire to take over and conduct in the name of the Insured
the defense or settlement of any claim for indemnity or damage or otherwise
and shall have full discretion in the conduct of any proceeding or in the
settlement of any claim and the Insured shall give all such information and
assistance as the Company may require.

The due observance and fulfillment of the terms, provisions and conditions of
and endorsement on 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.

MISCELLANEOUS –

The Insured shall -

take all practicable steps including in the case of machinery lost or stolen or
willfully damaged by giving of immediate notice to the Police to recover

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any property lost or stolen and in the case of theft or willful damage to
discover the guilty person or persons.

produce or give access to any property alleged to be damaged and the

Insured shall be bound to satisfy the Company by such reasonable evidence
as the Company may require that the loss destruction or damage in respect of
which a claim is made has actually arisen from one of the risks insured.

OBLIGATIONS OF THE INSURED:

The insured shall take all reasonable steps to maintain the insured property in
efficient working order and to ensure that no item is habitually or intentionally
overloaded. The Insured shall fully observe the manufacture's instructions for
operating, inspection and overhaul, as well as government, statutory, municipal
and all other binding regulations in force concerning the operation and
maintenance of the insured plant and machinery;

The Company’s officials and/or their representatives shall at all reasonable times
have the right to inspect and examine any property insured hereunder and the
Insured shall provide the officials of the Company with all details and
information necessary for the assessment of the risk.

In the event of any;

Material change in the original risk,

Alteration, modification or addition to an insured item,
Departure from prescribed operating condition, whereby the risk of loss or
damage increases.
Change in the Insured's interest (such as discontinuation or liquidation of the
business or being placed in receivership) taking place.

The Policy shall be void unless its continuance be agreed by endorsement signed
by the Company.

DUTIES FOLLOWING AN ACCIDENT –

In the event of any occurrence which might give rise to a claim under this policy
the Insured shall -

immediately notify the Company by telephone or telegram as well as in writing,

giving an indication as to the nature and extent of loss or damage.

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take all reasonable steps within his power to minimise the extent of the loss or
damage or liability;

Preserve the damaged or defective parts and make them available for
inspection by an official or surveyor of the Company;

furnish all such information and documentary evidence as the company may
require.

The Company shall not be liable for any loss or damage of which no notice and
completed claims form have been received by the Company within Fourteen
days of its occurrence.

Upon notification of a claim being given to the Company, the Insured may
proceed with the repair of any minor damage not exceeding Rs. 7,500/-
provided that the carrying out of such repairs is without prejudice to any
question of liability of the Company and that any damaged part requiring
replacement is kept for inspection by the Company, but in all other cases a
representative of the Company shall have the opportunity of inspecting the
damage before any alterations, repairs or replacements are effected. Nothing
contained herein shall prevent the Insured from taking such steps as are
absolutely necessary to maintain the operation of the plant.

The liability of the Company under this Policy in respect of any item of property
sustaining damage, for which indemnity is provided, shall cease if the said item
is kept in operation without being repaired to the satisfaction of the Company.

OTHER INSURANCES –

If at the time any claim arises under this Policy there is any other insurance
covering the same loss damage or liability, the Company shall not be liable to
pay or contribute more then its rateable proportion of such loss damage or
liability.

POSITION AFTER A CLAIM –

The Insured shall not be entitled to abandon any property to the Company
whether taken possession of by the Company or not.

As from the day of the loss the Sum Insured for remainder of the period of
insurance is reduced by the amount of the compensation. To prevent under
insurance during the remainder of the current period of insurance the amount
insured must be reinstated. The premium will be calculated pro-rata from the
day the repaired item is again put to work. For subsequent periods of insurance

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the original indemnity and premium are again in force unless circumstances
justify an alteration.

TRANSFER OF INTEREST –

The insurance granted by this Policy shall cease to attach to any items described
in the Schedule the interest in which shall pass from the Insured otherwise than by
will or operation of law, unless the consent of the Company for the continuance
of the insurance shall be obtained and signified by endorsement hereon.

TERMINATION OF INSURANCE -

This insurance may be terminated at any time at the request of the Insured, in
which case the Company will retain the premium calculated at the customary
short period rate for the time the policy has been in force. This insurance may
also at any time be terminated at the option of the Company, by 15 days notice
to that effect being given to the insured, in which case the Company shall be
liable to repay on demand a rateable proportion of the premium for the
unexpired term from the date of the cancellation.

RECOURSE –

The Insured shall at the expense of the Company do and concur in doing and
permit to be done, all such acts and things as may be necessary or required by
the Company in endorsing any right or remedies or of obtaining relief or
indemnity from parties (other than those insured under this Policy) to which the
Company shall be or would become entitled or subrogated upon their paying
for or making good of any loss or damage under this Policy, whether such acts
and things shall be or become necessary or required before or after the
Insured's indemnification by the Company.

ARBITRATION -

If any dispute or difference shall arise as to the quantum to be paid under the
policy (liability being otherwise admitted) such difference shall independently of
all other questions be referred to the decision of a sole arbitrator to be
appointed in writing by the parties to 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 of two arbitrators, one to be
appointed by each of the parties to the dispute/ difference and the third
arbitrator to be appointed by such two arbitrators and arbitration shall be
conducted under and in accordance with the provisions of The Arbitration and
Conciliation Act, 1996.

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It is clearly agreed and understood that no difference or dispute shall be
referable to arbitrations as herein before 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 a condition

precedent to any right of action or suit upon this policy that award by such
arbitrator/ arbitrators of the amount of the loss or damage shall be first obtained.

*******

PROPOSAL FORM

______________________________________________________ COMPANY LIMITED

PROPOSAL FOR CONTRACTOR'S PLANT & MACHINERY INSURANCE

The liability of the Company does not commence until this proposal has been
accepted by the Company and premium paid.

Information given herein will be treated in strict confidence.

PUT A (√) TICK MARK WHEREVER APPLICABLE AND ANSWER IN FULL, NO

ABBREVIATIONS SHOULD BE USED.

Proposer's Name

Proposer's Trade or Business

Proposer's Postal Address

Location of Operation (site of

property to be insured)
Nearest Railway station and
Distance

1. Do the items listed represent the

entire machinery used by you at Yes No
the above location.

2. a) Are you at present Insured? Yes No

b) If so, with whom? b)

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 3. Has any company -

a) Declined to insure any of the

Machinery now proposed Yes No

b) Required an increased premium

or imposed special conditions Yes No

c) Requested for repairs or made

other special stipulations for Yes No
risk improvement?

4. a) Are you aware of any defects/

damages existing in the Yes No
machinery.

b) If so, give details thereof b)

5. Do you own or use any

equipment other than that
described above working on the
same site?
6 Is any of the equipment now
proposed ;

a) Licensed for road use? If so, give a)

details
b) Covered by any other
insurance? If so give details b)

7. a) Are you the owner of the

proposed equipment? If yes, will a)
you be hiring out?

b) If the equipment is hired;

Is Insurance your responsibility i)

Is maintenance and operation

your responsibility? ii)

8. Are the premises where the

equipment operates well

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 guarded?

9. a) What is the site condition where a)

the equipment will be utilized?

b) Are the equipment likely to b)

operate on reclaimed or soft
ground?

c) Are the equipments likely to c)

operate underground?

d) Are ground condition such that d)

equipment are exposed to the
risk of toppling over? If so, give
details?

e) Is the site susceptible to flood, e)

sea damage, storm, cyclone or
other natural calamities? If so,
give detail and safety
precautions taken.

10. Will equipment belonging to

other contractors operate on the
same site?

11. Do you have trained and

qualified operators? Are there
any statutory rules governing the
appointment?

12. Which of the equipments are

required to be inspected and
certified for operation by
statutory rules?

13. a) Has your machinery sustained

any damage from breakdown or
other cause during last 3 years? Yes No

b) If so, give details of damage/s b)

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 and Repairing cost

14. a) Is regular periodical inspection of

the machinery carried out? Yes No

b) If so, by whom and at what

intervals?

15. On payment of additional If Yes, provide limits of indemnity -

premium do you wish to cover -

a) Express Freight (excluding

Airfreight), overtime and Holiday Rs. No
rates of wages ______

b) Air Freight Rs. No

______

c) Owners surrounding property Rs. No

______

d) Clearance & Removal of Debris Rs. No

______

e) Additional Custom Duty Rs. No

______

f) Escalation Rs. No
______

g) Third Party Liability -

For any one accident Rs. ______

For all accident during the

period Rs. ______

16. Period of Insurance From To

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SCHEDULE OF MACHINERY TO BE INSURED –

Description Type,
S. Quantit Model, Capacity of Maker's Name Year of Sum
No y Machine/ Serial No. HP/ and Country of Make Insured
. KVA Volts, AMPS, RPM Origin
(1) (2) (3) (4) (5) (6)

GUIDE NOTES -
Each Machinery should be entered separately with necessary specifications as
mentioned in schedule column No. 3.

Full description with identification no. Etc. of each and every equipment
with valuation should be declared.

The Sum Insured must be calculated on the present day new replacement
value of the Machinery to be insured including provision for packing, freight
and also value of foundations, erection costs, customs duty, etc., to afford full
protection under the Policy.

If any of the Machines is a `Stand by' this fact should be mentioned.

All Portable Machines must be so designated. All items in the open must be so
described separately.

Transit risks from site to site will be excluded.

The proposals with Sum Insured more than Rs.5 crores shall be referred for
finalization of special rates, terms and conditions.

I/We, the undersigned hereby declare that the above statements and
particulars are true and complete and I/We declare and agree that this
declaration and answers given above shall be held to be promissory and shall
be the basis of the contract between me/us and the Company.

Place________________

Dated________________ Proposer's Signature _____________

Section 41 of Insurance Act 1938

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PROHIBITION OF REBATES –
No person shall allow or offer to allow, either directly or indirectly as an
inducement to any person to take out or renew or continue an insurance in
respect of any kind of risk relating to lives or property in India, any rebate of the
whole or part of the commission payable or any rebate of the premium shown
on the policy, nor shall any person taking out or renewing or continuing a policy
accept any rebate, except such rebate as may be allowed in accordance with
the published prospectuses or tables of the Insurer.

Any person making default in complying with the provision of this Section shall be
punishable with fine, which may extend to five hundred rupees.
*****
CONTRACTOR'S PLANT AND MACHINERY INSURANCE TARIFF -

RATE SCHEDULE

TABLE – 1, RATES

Rates (Rs)
Group of (Inclusive of all 'Acts of God Perils'
Machinery except earthquake)

I 0.60 %
Plus Earth quake Extras
II 0.80 % as shown in Table II
below
III 1.00 %

IV 2.00 %

V 0.20 %

Note: Plants and or Machineries working underground/tunnels should be rated at

a loading of 50 % over the above rates.

TABLE 2 - EARTHQUAKE EXTRA

The following additional rates shall be charged over the rates mentioned in the
above table for risks located in Earthquake Zones I & II(as defined in the Fire
Tariff) -

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Note- In case of short term policies, the premium will be calculated on pro rata
basis, and in the case of cancellation of policies, refund will be calculated on
pro rata basis.

Zone Rate (% per annum)

Zone I 0.10 %

Zone II 0.05 % To be charged on

pro-rata basis for
Zone III Nil periods less than one
year
Zone IV Nil

TABLE 3 – EXCESSES

For Machinery under Group I, II, III and IV -

(Except for cranes above 10 tonnes capacity)

EXCESSES
For claims arising
Value of equipments For claims arising out of out of perils other than
AOG perils AOG

Individual value upto 10 % of S.I. Subject to a 2 % of S.I. subject to

Rs.1 lakh. minimum of Rs. 5,000/- minimum of Rs. 1,500/-

Individual value over Rs. 5 % of S.I. Subject to a 1.5 % of S.I. subject to

1 lakh and upto Rs. 5 minimum of Rs.10, 000/- minimum of Rs.2, 000/-
lakh.

Individual value over Rs. 3 % of S.I. subject to a 1.25 % of S.I. subject to

5 lakh and upto Rs.10 minimum of Rs. 25, 000/- minimum of Rs. 7,500/-
lakhs.

Individual value over Rs. 2 % of S.I. subject to a 1.00 % of S.I. subject to

10 lakhs upto Rs. 25 minimum of Rs. 30, 000/- minimum of Rs. 12, 500/-
lakhs
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 Individual value over Rs. 1 % of S.I. Subject to a Rs. 25, 000/-
25 lakhs upto Rs. 50 minimum of Rs. 50, 000/- (Flat excess)
lakhs

Individual value over Rs. 1 % of S.I. Subject to a Rs. 35, 000/-

50 lakhs minimum of Rs. 50, 000/- (Flat excess)

For Cranes above 10 tonnes capacity under Group III -

Main Section
Value of AOG claim Normal Boom Section
Equipment in Rs.

Over 5 lakhs & 1.5 % of S.I. 0.8 % of S.I. 20 % of claim

upto 10 lakhs Subject to a Subject to a amount subject
minimum of Rs. minimum of Rs. to minimum of
10, 000/- 5, 000/- Rs. 25, 000/-

Value over Rs. 10 1 % of S.I. Subject 0.5 % of S.I

lakhs & upto 25 to a minimum of Subject to a -do-
lakhs Rs. 20, 000/- minimum of Rs.
10, 000/-

Value over 25 0.7 % of S.I. Subject

lakhs & upto 50 to a minimum of Rs. 15, 000/- -do-
lakhs Rs. 25,000/-

Value over 50 0.5 % of S.I.

lakhs Subject to a Rs. 25, 000/- - do -
minimum of Rs.
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 25,000/-

Note:- Excess for Boom section of cranes of above 10 tonnes capacity -

In case damages occur to the crane body as well as boom arising out of
the same
incident, the respective excess will be applicable. In case one of the two is
damaged, the corresponding excess only will apply

C) For Machinery under Group V -

Rs.1000/- Flat. Excess

GROUPS OF MACHINERY –

Classification of Construction Plant, Equipment and Machinery

Risk Group I (Rate Re. 0.60 % + EQ Extra)

Code
101 Chain Blocks and Pulley Blocks
102 Compressor, Air tools
103 Conveyor belts, site hoists, jacks, screws
104 Cranes upto 10 tonnes capacity (except Turner and Derrick
cranes)
105 Concrete pumping plant
106 Cement silos, water containers, Surveying Equipment
107 Electrical/Electronic Equipment used for Non-destructive testing
108 Fork Lift Trucks (upto 10 Tonnes Capacity)
109 Mixing Machines, Mixing Plants
110 Pavers for asphalt or concrete finishing
111 Permanent way plant (track-laying machinery, track shifters,
tempers)
112 Portable protection tents
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 113 Pumps, Transformers, Electric Motors
114 Road rollers
115 Railway trackage
116 Rendering Plant
117 Scrapers, scales
118 Vibrators (vibrating compacting rollers, vibration and
Mechanical tamping equipment, concrete vibrating equipment)
119 Workshop Machines, woodworking Machines, Reinforcement bar
benders, drying plant.
120 Welding set.
121 Surveying equipments
122 Tractor 144D
123 Mosaic Polishing Machines
Thermoplastic Line Marking Machine
vide Engg/Gen-17/2001-31 3rd August,2001

Risk Group II (Rate: 0.80 % + EQ Extra)

Code
201 Aggregate plant
202 Air locks
203 Gas power-generating plant
204 Graders, pan scrappers, rippers
205 Hauling equipment (dumpers, dump cars, dump trucks)
206 Locomotives, field and steam generating engines, track-shifting
machines.
207 Mobile mixing plant
208 Mechanical sweepers
209 Site power-generating plant (gasoline or diesel engines)
210 Stone crushers, screens, separating plant.
211 Tractors/Trailers
212 Seismic Data Collection Equipment

Note - Transformer Oil Filtration Unit (Vehicle carrying this unit) to

be covered under 'Mobile Mixing Plant' under this Section

Engg/Gen-17/2001/23 13th June, 2001

Re: Rates applicable to “stringing equipment” consisting of
hydraulic puller and hydraulic tensioner machines under CPM
Policy.
The Tariff Advisory Committee has decided to rate the “stringing
equipment” consisting of hydraulic puller and tensioner
machines, used for the purpose of stringing of transmission lines

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 under “Group II” of CPM equipment at a rate of Rs. 0.80% +
earthquake extra.

ENGG/Gen-17/2002-5 29th January, 2002

Re: Insurance of Railway Track Testing Coach under CPM
Insurance
The Tariff Advisory Committee has decided to rate 'Railway Track
Testing Coach' under CPM policy in line with locomotives under
Group II-Rating Schedule.
The Group II rate of Rs.0.80% shall however be loaded by 20% for
insuring this item under CPM policy.
The applicable Earthquake-extra shall be Re.0.10% irrespective of
the zones.

Risk Group III (Rate: 1.00 % + EQ Extra)

Code

301 Bulldozers
302 Cranes above 10 tonnes capacity, Turner cranes and Derrick
Cranes
303 Diving equipments
304 Excavators (Caterpillar shovels, drag-shovels, power shovels, self-
propelled excavators, truck-shovels, bucket excavators, Bucket
trenches).
305 Loaders
306 Pile driving and pile exctracting equipment.
307 Bridge Inspection Machines.
308 Mobile diving Rig.(ON Shore)
309 Pipe jacking M/c
310 Rail Mounted Gantry Crane (RMG)
311 Ballotis
312 Top lift Truck (TLT)
313 Break down vehicle
314 Hydraulic Twin Boom Jumbo Drilling Machine
315 Electro Hydraulic Digging Arm Loader

Risk Code Group IV (Rate: 2.00 % + EQ Extra)

401 Drilling Machine for Water Supply

402 Tunnel Boring Machines
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 Risk Code Group V (Rate: 0.20 % + EQ Extra)

501 Other miscellaneous item with individual value upto Rs.

10,000/-

Rating of General Items

1. Alimak Raise Climber - to be rated at Rs.1.50 %

2. Merry Go Round Systems -

Locomotives and Bottom Discharge Wagons -

Contractors Plant and Machinery Insurance cover for Merry-go-Round

arrangement (in respect of locomotives and wagons only) may be granted as
an extension of CPM Policy. The applicable tariff rates should be loaded
provisionally by 20 % and such cases must be referred to the Tariff Advisory
Committee for finalizing rates and terms.

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The limit for TPL extension under such cover should not exceed Rs. 1 crore for any
one accident as well as the entire policy period. Also, re-instatement of sum
insured after a loss shall not be allowed.

Engg/Gen-17/2003-10 7th April, 2003

2. Merry Go Round Systems on Rails

Contractors Plant and Machinery Insurance cover for ‘Merry-go-Round

arrangement on Rails’ (in respect of locomotives and wagons only) may be
granted as an extension of CPM Policy. The applicable rate shall be Rs.1.25% with
applicable tariff excess.
The limit for TPL extension under such cover should not exceed Rs. 1 crore for any
one accident as well as the entire policy period. Also, re-instatement of sum
insured after a loss shall not be allowed."

*****

ENDORSEMENTS

1. ESCALATION CLAUSE –

Attached to and forming part of the Policy No. _________

In consideration of the payment of an additional premium amounting to 50% of

the premium produced by applying the specified percentage to the first or the
annual premium as appropriate on the undernoted item(s) the Sum(s) Insured
thereby shall, during the period of Insurance, be increased each day by an
amount representing 1/365th of the specified percentage increase per annum.

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 Item Number Specified Percentage Increase per annum

Unless specifically agreed to the contrary the provisions of the Clause shall only
apply to the sums insured in force at the commencement of each period of
insurance.

At each Renewal Date the Insured shall notify the Insurers:-

(i) the Sums to be Insured under each item above, but in the absence of such
instructions the Sums Insured by the above items shall be those stated on the
policy (as amended by any endorsement effective prior to the aforesaid
renewal date) to which shall be added the increases which have accrued under
this Clause during the period of Insurance upto that renewal date, and

(ii) the specified percentage increase(s) required for the forthcoming period of
Insurance, but in the absence of instructions to the contrary prior to the renewal
date the existing percentage increase shall apply for the period of insurance
from renewal.

All the conditions of the policy in so far as they may be hereby expressly varied
shall apply as if they had been incorporated herein.

2. OWNER'S SURROUNDING PROPERTY –

Attached to and forming part of the Policy No.__________

In consideration of insured having paid extra premium amounting to Rs.________

it is hereby agreed and declared, subject to otherwise terms and conditions of
the Policy, that this insurance by within policy is extended to cover loss or
damage to property located at or adjacent to the site and belongings to or held
in care custody, control of the principal(s) or the contractor(s) if occurring
directly due to damage of items mentioned in the schedule while at rest or in
views for construction or erection during period of policy.

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The Company pays to the insured the value of the damaged property at the
time of accident or at its ---- reinstate or replace such damage property or any
part thereof provided that -

The liability of the Company shall in no case exceed Rs._____ for any one
accident or series of accidents arising out of any one event and in the whole the
total indemnity of Rs._______ during the currency of the Policy.

The insured shall bare the same excess as mentioned in the schedule of the
policy.

In respect of loss or damage resulting to underground piping tunneling or

underground cables and other underground facilities, the indemnity will be
restricted to actual repair cost, provided prior to commencement of work,
insured with the relevant authorities about the exact locations or positions of
such cables, pipes or other underground facilities. Cracks that neither impair the
stability of the structure nor safety of its users are not covered.

3. THIRD PARTY LIABILITY –

Attached to and forming part of the Policy No.__________

In consideration of the payment of the additional premium of Rs.____ it is hereby

agreed and declared that notwithstanding anything to the contrary stated in this
policy, the Company will indemnify the insured:

against legal liability for the accidental loss or damage caused to the property
of other persons.
against legal liability (liability under contract excepted) for fatal or non-fatal
injury to any persons other than the insured or his own employees or
employee of the owner of the works/site/premises/ location or employees of the
other firms/connected with any other work site/ premises/ location or members
of the family of the insured or any of the aforesaid.

EXCLUSIONS UNDER THE TPL EXTENSION -

The Company will not indemnify the insured, under this extension in respect of -

The first amount of policy excess of each claim for any one occurrence related
to property damage.
Expenditure incurred in doing or redoing or making good or repairing or
replacing any thing covered or coverable under the policy.

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Liability consequent upon -

bodily injury to or illness of employees/workmen/members of the families of the

insured or of the owners of the works/site/premises/ location or of any other
firm/contractors connected with any other work at the
works/site/premises/location.
loss of or damage or property belonging to or held in trust by or under custody
of the owner of the works/site/premises/location of any other firms/contractors
or an employee/workmen/family members of any of the aforesaid.
any accident cost by vehicles licensed for general road or by waterborne vessels
or used aircraft.
any agreement by the insured to pay any sum by way of indemnity or
otherwise unless such liability would have attached also in the absence of such
agreement.

CONDITIONS APPLYING TO TPL EXTENSION -

No admission, offer, promise, payment of indemnity shall be made or given by or

on behalf of the insured without written consent of the company who shall be
entitled, if any so desire, to take over and conduct in the name of the insured
the defence or settlement of any claim or to prosecute for their own benefit in
the name of the insured any claim for indemnity or damage or otherwise and
shall have full discretion in the conduct of any proceeding or in the settlement of
any claim and the insured shall give all such information and assistance as the
Company may require.

The Company may, so far as any accident is concerned, pay to the insured the
limit of indemnity for any one accident/for any one period, after deducting
therefrom in such case of any sum/s already paid as compensation in respect
thereof or any lesser sum for which the claim or claims arising such accident can
be settled and the Company shall thereafter be under no further liability in
respect of such accident under this section.

4. EXPRESS FREIGHT –

Attached to and forming part of the Policy No.__________

It is agreed and understood that otherwise subject to the terms, exclusions,

provisions and conditions contained in the Policy or endorsed thereon and
subject to the insured having paid the agreed extra premium, this insurance shall
be extended to cover extra charges for express freight (excluding air freight).

Provided always that such extra charges are incurred in connection with any loss
of or damage to the insured items recoverable under the policy.

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If the sum(s) insured of the demand item(s) is/are less than the amount(s)
required to be insured the amount payable under this endorsement for such
extra charges shall be reduced in the same proportion.

Extra Premium Rs.___________

5. AIR FREIGHT –

Attached to and forming part of the Policy No.__________

‘It is hereby declared and agreed that the Policy shall also indemnify towards Air
Freight incurred by the Insured in connection with the indemnifiable loss under
the Policy.

In consideration thereof an additional premium of Rs._______ is charged hereby.

Limit of indemnity shall be Rs._______ during currency of the Policy.

Each and every claim shall be subject to a minimum Excess of 5 % of the

admissible Air Freight incurred over and above the excess as applicable under
the policy.

Subject otherwise to terms, conditions and exceptions of the Policy’.

6. ADDITIONAL CUSTOMS DUTY –

In consideration of the Insured having paid an additional premium of Rs. _ it is

hereby declared and agreed that the Insured shall also be indemnified during
the currency of the policy, towards the additional Customs Duty, amount of
Rs. ___ which may be incurred by the Insured over and above the Customs Duty
amount taken into account in arriving at the Sum Insured the affected item.

Each and every claim payable under the extension shall be subject to an Excess
of 5 % of the admissible Additional Customs Duty incurred and will be in addition
to the Excess amount applicable for the affected item under the Policy.

The Indemnity for such Additional Customs Duty will stand reduced after
occurrence of the claim unless reinstated by payment of an additional premium
prescribed by the Company.
Subject otherwise to the terms, conditions and exceptions of the Policy.

Note-

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For computation of indemnity under the Additional Customs Duty extension,
exchange rate applicable on date of occurrence shall be considered.
Under this only Sea Freight charge would be taken into account even though
the replacement supplies had been air freighted and the policy has been
endorsed for airfreight cover.

7. INSURANCE OF ALL TYPES OF CRANES –

The following Endorsement wording is to be used for covering Cranes of any type
-

‘It is understood and agreed that the Insurance by this Policy shall include
sudden and unforeseen damage to ropes/slings resulting in their actual and
complete severance. It shall not include breakage or abrasion of wires or strands
of rope/slings although replacement is necessitated thereby’.

8. FOR ALL TYPES OF IMPORTED MACHINERY –

The following endorsement wording is to be used: -

‘The indemnity provided by this policy does not extend to include cost
incurred/time involved in the movement of the machinery and/or any
other property and/or personnel out side territorial limits of India other than
the cost of delivery of replacements for machinery lost or damaged’.

Engg/Gen-10/4/24/2001-35 3rd August,2001. The Tariff Advisory Committee

decided to WITHDRAW endorsement no. 8 for all types of imported machinery.

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Engg/Gen-4/24/16/17/2002-15 11th March, 2002

Reg: Cover for terrorism under Engineering Policies

Effective from 1st April 2002

Erection all Risks Insurance (EAR/MCE/SCE)
Contractors all Risks Insurance (CAR)
Contractor’s Plant and Equipment Insurance (CPM)
Electronic Equipment Insurance (EEI)
will be subject to the following revised provisions
( Pls. Refer circular no. TAC/4/04 dated 16-12-04 for uptodate figures.)

1. Terrorism Damage Exclusion warranty as per the following wordings shall be

made applicable to all the above-mentioned types of policies.

Terrorism Damage Exclusion Warranty:

“Notwithstanding any provision to the contrary within this insurance it is agreed

that this insurance excludes loss, damage cost or expense of whatsoever nature
directly or indirectly caused by, resulting from or in connection with any act of
terrorism regardless of any other cause or event contributing concurrently or in
any other sequence to the loss.

For the purpose of this warranty an act of terrorism means an act, including but
not limited to the use of force or violence and /or the threat thereof, of any
person or group(s) of persons whether acting alone or on behalf of or in
connection with any organisation(s) or government(s) committed for political,
religious, ideological or similar purpose including the intention to influence any
government and/or to put the public, or any section of the public in fear.

The warranty also excludes loss, damage, cost or expenses of whatsoever nature
directly or indirectly caused by, resulting from or in connection with any action
taken in controlling, preventing, suppressing or to in any way relating to action
taken in respect of an act of terrorism.

If the Company alleges that by reason of this exclusion, any loss, damage, cost
or expenses is not covered by this insurance the burden of proving the contrary
shall be upon the Assured.”

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In the event any portion of this endorsement is found to be invalid or
unenforceable, the remainder shall remain in full force and effect.

2. Terrorism Damage Exclusion Warranty shall be incorporated under relevant

sections ofEAR, CAR, CPM and EEI policies as under:

EAR policy—as ‘exclusion-e’ under ‘General Exclusions’

CAR policy—as ‘exclusion-e’ under ‘General Exclusions’
CPM policy—as ‘exception-s’
EEI policy—as ‘exclusion-i’

3. Coverage for Terrorism Damage:

Terrorism Damage Exclusion Warrantycan be deleted by companies by charging

additional premium as per the following schedule.

( Pls. Refer circular no. TAC/4/04 dated 16-12-04 for uptodate figures.)

4. Mid-term cover. No mid-term cover shall be granted for terrorism risk.

[Link] of Insurance
( Pls. Refer circular no. TAC/4/04 dated 16-12-04 for uptodate figures.)

The maximum loss limit under Terrorism cover shall be Rs. 300 crores for any one
[Link] this purpose one risk shall be defined as one compound or one [Link]
respect of several insurances within the same compound /location with all Indian
insurers, the maximum aggregate loss payable by all Indian insurers per
compound/location shall be Rs.300 [Link] the actual aggregate loss suffered
at one location is more than Rs.300 crores, the amounts payable under individual
policies shall be reduced in the same proportion as Rs. 300 crores bears to the
aggregate of all losses in that location.

6. Deductibles:

Every claim under terrorism cover will be subject to a deductible of 0.50% of TSI
and subject to aminimum of Rs. 1 lakh.

7. Deletion of Terrorism Damage Exclusion Warranty:

If the ‘Terrorism Damage Exclusion’ is deleted by payment of premium as per

item 3 above, the policy will be endorsed as per the wordings given below.

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Terrorism Damage Coverage Endorsement

It is hereby declared and agreed that in consideration of payment of additional

premium of Rs._______, the ‘TerrorismDamage Exclusion Warranty attached to
and forming part of the within mentioned policy, stands deleted. The expression/
s“terrorism and/or act of terrorism” shall have the same meaning/s as contained
in TerrorismDamage Exclusion Warranty.

This endorsement does not cover loss of or damage to property caused by

A)

[Link] or partial cessation of work or the retardation or interruption orcessation of

any process or operations or omissions of any kind.

[Link] or temporary dispossession resulting from confiscation,

commandeering, requisition or destruction by order of the Government or any
lawfully constituted Authority.

[Link] or temporary dispossession of any building or plant or unit or

machinery resulting from the unlawful occupation by any person of such building
or plant or unit or machinery or prevention of access to the same.

[Link], housebreaking, theft, larceny or any such attempt or any omission of

any kind of any person (whether or not such act is committed in the course of a
disturbance of public peace) in any action taken in respect of an act of
terrorism.

B)
loss or damage, cost or expenses of whatsoever nature directly or indirectly
caused by, resulting from or in connection with any action taken in controlling ,
preventing , suppressing or in any way relating to action taken in respect ofany
act of terrorism.
If the Company alleges that by reason of this exclusion, any loss, damage, cost
or expenses is not covered by this insurance the burden of proving the contrary
shall be upon the insured.

The limit of coverage under this endorsement shall not exceed Rs. _______
(inserthere the overall liability limit).

In the event of several insurances within the same location with all Indian insurers,
the maximum aggregate loss payable per compound/location by all Indian
insurers shall be Rs.200 [Link] the actual aggregate loss suffered at one
location in respect of all Indian insurers is more than Rs.200 crores, the amounts

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payable under individual policies shall be reduced in the same proportion as Rs.
200 crores bears to the aggregate of all losses with all Indian insurers in that
location.

The coverage under this endorsement is subject to an excess of 0.5% of the total
sum insured subject to a minimum of Rs. One lakh for each and every claim in
respect of both material damage and loss of profits combined.”

8. Treatment of Surcharge applied from 01.10.2001

A 10% surcharge on account of terrorism was applicable w.e.f 1.10.2001. All such
insurance will be cancelled on pro-rata basis as on 31.3.2002 and fresh insurance
will be effected w.e.f 1.4.2002 for the un-expired period with the revised rates for
terrorism risks on pro-rata basis.

In the case of insurance of risks where insurers may have already concluded
reinsurance arrangements and such cancellation is not required by reinsurance
arrangements, insurers will have the option to continue the present insurance
(where 10% surcharge has been collected) till expiry.

FT/1/2004 Date : 19-3-2004

Re: Cover for Terrorism Risks under Fire & Engineering insurances

( Pls. Refer circular no. TAC/4/04 dated 16-12-04 for uptodate figures.)
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This refers to our earlier circular FT/03/2002 dated 8-4-2002.

I Effective from 1-4-2004 premium/coverage structure for terrorism risks will be

subject to the following revisions :

FT/ 4 /2004 Date : 10-5-2004

Re: Cover for Terrorism Risks under Fire,Engineering and IAR Insurance Tariffs
w.e.f 1-4-2004
This refers to our circular no. FT/1/2004 dated 19-3-2004. It is clarified that for
the unexpired period of existing policies expiring after 1-4-2004 with Total Sum
Insured (MD+LOP) exceeding Rs.200 crores, the overall liability cap for
terrorism risks per location/compound may be increased as per column - II of the
following table:
( Pls. Refer circular no. TAC/4/04 dated 16-12-04 for uptodate figures.)

The change in the overall liability cap as above may be endorsed on the policies
without charging any additional premium.
All other terms and conditions of our circular [Link]/1/2004 dated 19-3-2004
remain unchanged.

TAC/4/04 Date : 16-12-2004

Re: Cover for Terrorism Risks under Fire, Engineering & IAR tariffs
This refers to our earlier circular [Link]/1/2004 dated 19-3-2004
and FT/4/2004 dated 10-5-2004.
Effective from 1-2-2005 the premium/coverage factor for
Terrorism Risks shall stand revised as under:

Total Sum Overall

Insured per (MD+LOP)
Rate
Sl. location liability
Premium on Total sum Insured (Per
No. (MD+LOP) cap per
Mille)
location /
[Link] compound

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1 Upto 500 Full rate of

a) Industrial risks 0.30

b) Non-Industrial risks 0.20 TSI

a) Residential risks 0.10

2 Upto 500 and First 500, as per (1) above Plus

Upto 2000 on the balance Sum Insured

Full rate of
a) Industrial risks Rs.500 Cr.

b) Non-industrial risks 0.25

0.15

3 Over 2000 First 2000, as per (2) above Plus

on the balance Sum Insured
Full rate of
a) Industrial risks Rs.500 Cr.

b) Non-industrial risks 0.20

0.12

Insurers are requested to inform their operating offices suitably.

Secretary
Clarification issued by GIC on 24.12.2004

Refund of premium on cancellation:

“
a. Where a policy is cancelled and rewritten midterm purely for the
purpose of coinciding with the accounting year of the insured, pro-
rata refund of the cancelled policy policy premium may be
allowed, consistent with the Fire Tariff rules.
b. If the cancellation is for any other purpose, refund of premium will
only be allowed after charging short term scale rates as per Tariff.”

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In view of the above decisions, insurers are advised not to offer pro- rata
cancellations of Terrorism Cover.

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