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a)
The
Workmen’s Compensation Insurance Business in India is controlled
by the Workmen’s Compensation Insurance Tariff (W.C.Tariff). The Tariff
provides for two types of Insurance as follows:
Table A:
This policy provides indemnity to the Insured if any employee in the
Insured’s immediate service shall sustain bodily injury by accident or
contracts disease arising out of and in the course of his employment by the
Insured in the Business and if the Insured shall be liable to pay
compensation for such injury either under.
i)
Workmen’s Compensation Act, 1923 and subsequent amendments of the said Act
prior to the date of issue of the Policy provided that the insurance granted
is not extended to include any interest and/or penalty imposed on the insured
on account of his / their failure to comply with the requirements laid down
under the W.C. Act, 1923, and
ii) the Fatal Accident Act, 1855 of at
Common Law
And in addition all costs and expenses incurred with the company’s
consent in defending any claim for such compensation.
Table B : This Policy provides indemnity to the Insured against their legal
liability under the Fatal Accidents Act, 1855, and at Common Law. (This
Policy is not issued to cover employees who fall within the definition of
“workmen” under the Workmen’s Compensation Act, 1923, as amended).
b)
The Policy
excludes
i)
any injury
by accident or disease directly attributable to war, invasion, act of foreign
enemy, hostilities (whether war be declared or not), civil war, Mutiny,
insurrection, rebellion, revolution or military or usurped power.
ii) the Insured’s liability to employees of contractors to the
Insured.
iii) any employee who is not
a workman within the meaning of the Laws.
iv) any liability of the Insured which attaches by virtue of an
agreement but which would not have attached in the absence of such agreement.
v) any sum which the Insured would have been
entitled to recover from any party but for an
agreement
between the Insured and such party.
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