WHEREAS the insured carrying on the Business described in the schedule and no other for the purpose of this insurance by a proposal and declaration which shall be the basis of this contract and is deemed to be incorporated herein has applied to the Company for the insurance hereinafter contained and has paid or agreed to pay the Premium as consideration for such insurance.
NOW THIS POLICY WITNESSENTH that if at any time during the period of Insurance any employee in the Insured’s Immediate service shall sustain personal injury by accident 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 under the laws set out in the Schedule then subject to the terms exception and conditions contained herein of endersed hereon the Company will Indemnity the Insured all sums for which the Insured shall be so liable but this Policy shall only pay one lump sum cash benefit as provided fot in the Act referred to in the Schedule as above. The Company shall in addition to the foregoing be responsible for all expenses insurred with its consent in defending any claim for such compensation.
PROVIDED ALWAYS that in the event of any change in the Laws or the substitution of other legislation thereof this Policy shall remain in force but the liability of the Company shall be limited to such sum as the Company would have Been liable to pay if the Laws had remained unaltered
The Company shall not be liable under this Policy in respect of:
The Company shall not be liable under this Policy in respect of:
(a) Any injury by accident directly or indirectly attributable to war, invasion act of foreign enemy, hostilities (whether war be declared or not), civil war, insurection, rebellion, revolution, military or usurped power, strikes, lock-outs, labour distuibances, tiots, civil commotions, act of Sabotage or terror, malicious or political acts, acts of revenge, acts in contravention with any instruction directive or regulation of the competent authorities, the performance or omission of any act during the prover or improper execution of any Incasure or order of any Indonesian or foreign military, civil, judical, police or political authority or body, such measure or other having been taken in connection with one of the abovementioned cireumstances or in connection with any danger arising from their occurrence, atomie or nuclear fission and/or other like reaction or radioactive force or matter ;
(b) The Insured’s liability to employess of contractors to the Insure
(c) Any employee who is not a "workman" within the meaning of the Laws;
(d) Any liability of the lnsured which attaches by virtue of an agreement but which would not have attached in the absence of such agreement;
(e) Any sum which the Insured would have been entitled to recover from any party but for an agreement between the lnsured and such party;
(f) Any disease as referred to in Article I paragraph 2 of the Act referred to hereinbefore;
(g) Any temporary disablement during a period of up to 3 days subsequent to the occurrence of the accident;
(h) Costs of transportation and medical expences as referred to in Article 10 of the Act;
(i) Funeral expense;
(j) Accident occuring during travel by air other than as a regular on a regular airline
CONDITIONS
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 specific meaning whereever it may appear.
Every notice or communication to be given or made under this Policy shall be delivered in writing to the Company The Insured shall take reasonable precautions to proven accidents and shall comply with statutory obligations.
In the event of any occurence which may give rise to a claim under this Policy the insured shall as soon as possible give notice thereof to the Company with full particulars. Every letter claim writ summons and process shall be notified or forwarded to the Company immediately on receipt. Notice shall also be given to the Company immediately the Insured shall have knowledge of any impending prosecution inquest or fatal enquiry in connection with any such occurence as aforesaid
5. No admission offer promise or payment shall be made by or on behalf of the Insured without the consent of the Company which shall be entitled if it so desires to take over and conduct in his name the deference or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity or damage or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require.
6. The first premium and all renewal premium that may be accepted are to be regulated by the amount of wages and salaries and other earnings paid by the Insured to employees during each Period of Insurance. The name of every employee together with the amount of wages salary and other earnings shall be properly recorded and the Insured shall at all times allow the company to inspect such records and shall supply the Company with a correct amount of all such wages salaries and other earnings paid during any period of Insurance within one month from the expiry date of such period of Insurance. If the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the Company or by a refund by the Company as the case may be. If the Insured fails to supply the Company with such information as hereby provided within the prescribed period then the Company shall be entitled to 50% additional premium to be paid by the Insured fortwith upon demand.
7. the Company may cancel this policy by sending seven days notice by registered letter to the Insured at his last known address and in such event the premium shall be adjusted in accordance with condition 6.
8. All differences arising out of this policy shall be refered to the decision of an Arbitrator to be appointed in writing by the parties in diference 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 appoinled 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 conditions pieccdent to any right of action against the Company.
If the company shall disclaim liability to the Insured for any claim hercunder and such claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration under the provisions herein contained then the claim shall for all purpose be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
9. Any claim shall be forfeited if an action for its recovery has not been brought before the arbitration Committee according to Condition 8 within ninety days after the day when the Company repudiated it wholly or in part. All moneys put claimed by the rightful parties within one year after these moneys became due shall revert to the Company
10. The due observance and fulfilment of the terms conditions and endorsements of this policy so far as they relate to anything to be done or not to be done by the Insured and the statements and answers in the Proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy