Whereas, in relation to the classes of claims mentioned inthe Schedule hereto annexed, the Authority is satisfied that it is customary to entrust the work of survey or loss assessment to any person other than a licensed surveyor or loss assessor, or it is not practicable to make any surveyor loss assessment.

Now, therefore, in exercise of the powers conferred by sub-section (10) of Section 64UM of the Insurance Act, 1938, (4 of 1938) the Authority hereby exempts the classes of claims mentioned in the said Schedule from the operation of the said section.

This Order will supersede all other Orders issued earlier in this regard.

SCHEDULE

1.   Claims under policies in respect of whichdocumentary evidence of the value of loss is available in the form of PoliceReports, short-landing or non-delivery certificates issued by Port Trusts, Railwaysor other public or semi-Government authorities, claims in respect of whichexcise authorities give a certificate for dutiable items and sling loss claims certifiedby Harbour Authorities.

2.   Claims of General Average under marine policies.

3.   Claims of total loss or constructive total lossunder agreed value insurance policies or valued policies as defined in Section29 of the Marine Insurance Act, 1963 (11 of 1963).

4.   Claims under policies of motor vehicle insurancewherein the claim is on account of theft or injury/death to third parties.

5.   Claims under Health Insurance Policies includingtravel and personal accident covers;

6.   Claims under Workmen’s Compensation/ Benefitpolicies under the Employees Compensation (Amendment) Act, 2009 or similar Act.

7.   Claims under public liability policies,including third party liability, Professional indemnity, products liability andpersonal liability except where liability arising out of property damage ordefect to physical property/goods are involved.

8.   Claims under Aviation Hull insurance policiesand Cyber insurance policies.

9.   Claims under Money insurance including cash intransit policies.

10.Claims under All risks and Burglary insurancepolicies on personal effects and jewelry.

11.Claims under Race Horses insurance policies andLive-stock insurance policies.

12.Claims in respect of loss or damage to crop,trees, plantations and forests which are covered by Government sponsored Schemes.

13.Claims in respect of loss or damage to tea intransit from gardens in India.

14.Claims under policies of the nature of Bonds andGuarantees including fidelity guarantees, Bankers’ Blanket policies, creditinsurance, and under policies insuring contractual liability.

15.Claims in respect of which the amount of claimis determined by recognized and well-established conventions or underagreements.

16.Claims, the amount of which has been adjudicatedupon or decreed by courts.

(Sujay Banarji)

Member