llm 4sem sub 2 unit 3

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insurance against accidents

Insurance against accidents, commonly known as Personal Accident Insurance (PAI),


provides financial protection in case of accidental death, permanent total or partial disability,
and temporary disability. Here are some key features:

Coverage

1. Accidental Death: The policy pays a lump sum to the nominee in case of the
insured's death due to an accident.
2. Permanent Total Disability (PTD): Covers loss of life, limbs, sight, or hearing,
resulting in the insured being unable to work.
3. Permanent Partial Disability (PPD): Provides compensation for partial loss of
limbs, sight, or hearing, impacting the insured's ability to work.
4. Temporary Total Disability (TTD): Covers loss of income during the period the
insured is unable to work due to an accident.

Benefits

• Medical Expenses: Some policies cover medical expenses incurred due to accidents.
• Hospital Daily Allowance: Daily allowance for hospitalization due to an accident.
• Educational Grant: Financial support for the education of dependents in case of the
insured's death or permanent disability.

Importance

Accident insurance provides a financial safety net, ensuring that the insured and their family
are protected against the financial impact of unexpected accidents. It helps cover medical
expenses, loss of income, and other related costs, providing peace of mind.

insurance against accidents- the fatal


accicdent act , 1855, objects and reasons
The Fatal Accidents Act, 1855 is a significant piece of legislation in India that provides
compensation to families for loss occasioned by the death of a person caused by a wrongful
act, neglect, or default. Here are the key objects and reasons behind the Act:

Objects and Reasons

1. Compensation for Loss: The primary objective of the Act is to provide financial
compensation to the dependents of a deceased person who died due to a wrongful act,
neglect, or default. This helps alleviate the financial burden on the family caused by
the loss of the primary wage earner2.
2. Legal Recourse: The Act allows the family of the deceased to bring a legal action for
damages against the party responsible for the death. This ensures that the wrongdoer
is held accountable and the family receives compensation for their loss1.
3. Uniformity in Law: By providing a statutory framework for compensation in cases of
fatal accidents, the Act aims to create uniformity in the legal treatment of such cases
across the country.
4. Protection of Vulnerable Families: The Act seeks to protect the interests of
vulnerable families who might otherwise struggle to seek justice and compensation in
the event of a fatal accident.

The Act has been amended several times to keep pace with changing legal and social
contexts, ensuring that it continues to serve its purpose effectively.

assessement of compenstion
The assessment of compensation under the Fatal Accidents Act, 1855 involves evaluating
various factors to determine the appropriate amount to be awarded to the dependents of the
deceased. Here are some key considerations:

Factors Considered in Compensation Assessment

1. Pecuniary Loss: The primary factor is the pecuniary loss suffered by the dependents
due to the death of the deceased. This includes the loss of future earnings, benefits,
and support that the deceased would have provided2.
2. Age and Health of the Deceased: The age and health of the deceased at the time of
death are considered to estimate the potential future earnings and contributions.
3. Income and Earnings: The deceased's income and earnings are evaluated to
determine the financial impact on the family.
4. Dependents: The number and age of dependents are taken into account to assess the
extent of financial dependency on the deceased.
5. Nature of Employment: The nature of the deceased's employment and the stability
of the job are considered to gauge the reliability of future earnings.
6. Contributions to Family: Any contributions made by the deceased to the family,
such as household expenses, education, and healthcare, are factored in.
7. Inflation and Future Value: Adjustments are made for inflation and the future value
of money to ensure the compensation remains relevant over time

apportionment of compensation and liability ,


the personal injuries (compensation insurance )
act 1963,
The Personal Injuries (Compensation Insurance) Act, 1963 is a significant piece of
legislation in India that imposes liability on employers to pay compensation to workmen for
personal injuries sustained in the course of employment. Here are some key points about the
apportionment of compensation and liability under this Act:

Apportionment of Compensation and Liability

1. Employer's Liability: Employers are liable to pay compensation to workmen for


personal injuries sustained during employment. The compensation amount is
determined based on the extent of the injury and its impact on the workman's earning
capacity2.
2. Insurance Scheme: The Act provides for an insurance scheme where employers can
insure themselves against the liability to pay compensation. The premium rates for
this insurance are determined based on the nature and extent of the liability3.
3. Compensation Calculation: The compensation amount is calculated based on the
workman's average weekly wages and the severity of the injury. The Act specifies
different compensation rates for various types of injuries, including total and partial
disablement2.
4. Contribution from Workmen: In cases where contributory negligence is established,
the compensation amount may be reduced proportionately to reflect the workman's
share of responsibility for the injury.

Key Provisions

• Section 3: Imposes liability on employers to pay compensation for personal injuries


sustained by workmen.
• Section 4: Provides for the calculation of compensation based on the workman's
average weekly wages and the nature of the injury.
• Section 5: Specifies the rates of compensation for different types of injuries,
including total and partial disablement.
• Section 6: Allows for the apportionment of compensation in cases of contributory
negligence.

The Act aims to ensure that workmen receive fair compensation for injuries sustained in the
course of employment while providing a mechanism for employers to insure themselves
against such liabilities.

Compensation Payable Under the Act

The Personal Injuries (Compensation Insurance) Act, 1963 specifies the compensation
payable to workmen for personal injuries sustained in the course of employment. The
compensation amount varies based on the severity of the injury and its impact on the
workman's earning capacity2. Here are the key points:

1. Total Disablement: Compensation for total disablement (temporary or permanent) is


provided when the workman is incapacitated for all work. The compensation amount
is calculated based on the workman's average weekly wages2.
2. Partial Disablement: Compensation for partial disablement (temporary or
permanent) is provided when the workman's earning capacity is reduced. The
compensation amount is determined based on the percentage of disability as specified
in the Schedule of the Act2.
3. Death: In case of the death of a workman due to a personal injury, compensation is
payable to the dependents of the deceased. The amount is calculated based on the
workman's average weekly wages and the number of dependents2.

Compensation Insurance Scheme

The Act provides for a compensation insurance scheme where employers can insure
themselves against the liability to pay compensation. The key points are:

1. Compulsory Insurance: Employers are required to take out a policy of insurance to


cover their liability under the Act. The Central Government may specify the premium
rates and conditions for the insurance2.
2. Personal Injuries Fund: The compensation is paid from the Personal Injuries
(Compensation Insurance) Fund, which is constituted under the Act.
3. Government's Role: If an employer fails to insure or pay the premiums, the Central
Government may assume and discharge the employer's liability to pay compensation.

Property Insurance and Fire Insurance

While the Personal Injuries (Compensation Insurance) Act, 1963, focuses on compensation
for personal injuries, property insurance and fire insurance are separate types of insurance
that cover different risks:

1. Property Insurance: This type of insurance provides coverage for damage to or loss
of property due to perils such as theft, vandalism, or natural disasters.
2. Fire Insurance: This is a specific type of property insurance that covers damage or
loss caused by fire. It typically covers the cost of repairing or rebuilding the property,
as well as replacing damaged contents.

Emergency Risks (Factories) Insurance

This type of insurance covers factories against risks arising from actions taken by an enemy,
explosions, fires involving explosives or munitions, and other related dangers. It's designed to
protect factory buildings, machinery, and materials used in production2.

Emergency Risks (Goods) Insurance

Similar to the factories insurance, this policy covers goods against emergency risks such as
enemy actions, explosions, and fires. It ensures that goods, whether owned or in possession
for business purposes, are protected against such risks4.

Policies Covering Risks of Explosion


These policies are specifically designed to cover damages caused by explosions. They can be
part of broader property insurance policies or standalone policies, providing coverage for
losses due to explosions in various settings, including factories, warehouses, and other
industrial facilities.

Policies Covering Accidental Loss

Accidental loss insurance policies cover losses resulting from unforeseen accidents. These
can include property damage, loss of goods, or personal injuries. They are often included in
general liability insurance or can be purchased as separate policies.

*damage to property , policies coverying risk of strom and tempest , glass plate policies ,
burglary and theft policies , live stock policies , goods in transit insurance , agricultural
insurance

1. Damage to Property Insurance: This type of insurance provides coverage for


damage to your property due to various perils such as fire, theft, vandalism, and
natural disasters.
2. Storm and Tempest Insurance: This policy covers damages caused by natural
events like cyclones, hurricanes, tornadoes, and floods. It's often included as an add-
on to standard fire insurance policies3.
3. Glass Plate Insurance: This insurance covers accidental breakage of glass used in
commercial establishments, such as storefront windows and display cases. It typically
excludes damages caused by fire, earthquakes, or improper installation5.
4. Burglary and Theft Insurance: This policy provides coverage for losses due to
burglary or theft of property, whether it's personal belongings or business assets.
5. Livestock Insurance: This type of insurance covers financial losses due to the death
or injury of livestock from various causes, including accidents, diseases, and natural
disasters.
6. Goods in Transit Insurance: This insurance covers loss or damage to goods while
they are being transported from one location to another.
7. Agricultural Insurance: This policy provides coverage for crops and livestock
against risks such as drought, floods, pests, and diseases.

Property insurance provides coverage for damage to or loss of property


due to various perils such as fire, theft, vandalism, and natural disasters. Here are some key
points about property insurance:

Types of Property Insurance


1. Home Insurance: Covers damage to residential properties, including homes,
apartments, and condos. It typically includes coverage for the structure, personal
belongings, and liability protection.
2. Renter's Insurance: Designed for tenants, this policy covers personal property within
a rented property and liability protection.
3. Commercial Property Insurance: Provides coverage for businesses, covering
buildings, equipment, inventory, and other assets against risks like fire, theft, and
natural disasters.
4. Condo Insurance: Specifically for condominium owners, covering personal property,
liability, and improvements made to the unit.
5. Landlord Insurance: Protects landlords against property damage, loss of rental
income, and liability claims from tenants.

Coverage Details

• Dwelling Coverage: Covers the physical structure of the property.


• Personal Property Coverage: Protects personal belongings inside the property.
• Liability Coverage: Covers legal expenses and damages if someone is injured on the
property or if the property owner is responsible for damage to someone else's
property.
• Additional Living Expenses: Covers costs if the property becomes uninhabitable due
to a covered peril.

Perils Covered

• Fire and Smoke: Damage caused by fire or smoke.


• Theft and Vandalism: Losses due to theft or intentional damage.
• Weather-Related Damage: Coverage for damage from storms, hail, wind, and other
weather events.
• Water Damage: Covers damage from burst pipes, leaks, and other water-related
incidents (excluding floods, which may require separate coverage).

Importance

Property insurance is crucial for protecting your investment in real estate and personal
property. It provides financial security and peace of mind, ensuring that you can recover from
unexpected losses without significant financial strain.

Storm and Tempest Insurance is a type of property


insurance that provides coverage for damages caused by natural events such as cyclones,
hurricanes, typhoons, tornadoes, and floods. Here are some key points about this type of
insurance:

Coverage
• Storm and Tempest: Covers damages caused by strong winds, heavy rains, hail, and
lightning.
• Flood and Inundation: Covers damages due to overflowing rivers, lakes, or heavy
rainfall leading to flooding.
• Cyclones and Hurricanes: Provides coverage for damages caused by these powerful
storms, which can result in significant destruction.
• Tornadoes: Covers damages caused by tornadoes, which are violent windstorms
characterized by a twisting, funnel-shaped cloud.

Importance

• Protection Against Natural Disasters: This insurance helps protect property owners
from the financial impact of natural disasters, ensuring that they can recover and
rebuild without bearing the full cost of damages.
• Peace of Mind: Knowing that your property is covered against such risks can provide
peace of mind, especially in regions prone to severe weather events.

How It Works

• Add-On to Fire Insurance: Often, storm and tempest coverage is included as an add-
on to standard fire insurance policies. This comprehensive coverage ensures
protection against both fire-related and natural disaster-related damages2.
• Claim Process: In the event of damage, the policyholder must file a claim with their
insurance provider, providing necessary documentation and evidence of the damage.
The insurer will assess the claim and provide compensation based on the policy terms.

Glass Plate Insurance provides coverage for accidental breakage of


glass used in commercial establishments, such as storefront windows and display cases. Here
are some key points about this type of insurance:

Coverage

• Accidental Breakage: Covers the cost of repairing or replacing glass that is


accidentally broken.
• Scope: Typically covers fixed plate glass in display windows or show cases.
• Exclusions: Common exclusions include damage caused by fire, explosions,
earthquakes, and improper installation2.

Importance

• Financial Protection: Helps businesses avoid the high costs associated with replacing
large panes of glass.
• Business Continuity: Ensures that businesses can quickly repair or replace broken
glass, minimizing disruption to operations.
Who Can Benefit

• Retail Stores: Protects storefront windows and display cases.


• Restaurants and Hotels: Covers glass used in dining areas and lobbies.
• Shopping Malls: Provides coverage for glass in various retail spaces.

Burglary and Theft Insurance provides financial protection


against losses resulting from theft or burglary. This type of insurance is essential for both
businesses and homeowners who want to safeguard their property and valuables. Here are
some key points:

Coverage

1. Burglary: Covers losses due to forced or unlawful entry into the insured property
with the intent to steal.
2. Theft: Covers losses due to theft, which may not necessarily involve forced entry.
3. Business Interruption: Some policies cover loss of income or additional expenses
incurred due to burglary or theft.
4. Damage: Covers damage to property caused during a burglary or theft.

Importance

• Financial Protection: Helps recover the value of stolen items, minimizing financial
loss.
• Peace of Mind: Provides security and reassurance, knowing that valuables are
protected.
• Business Continuity: Ensures that businesses can quickly resume operations after a
theft, reducing downtime and loss of revenue.

Policy Details

• Sum Insured: The maximum amount the insurer will pay in the event of a claim. It
should reflect the value of the insured items.
• Exclusions: Common exclusions include losses due to negligence, unexplained
disappearance, or theft by an employee.
• Premium: The cost of the policy, typically based on factors such as the value of the
insured items, location, and security measures in place.

Who Needs It

• Homeowners: To protect personal belongings like jewelry, electronics, and valuable


household items.
• Businesses: To safeguard inventory, equipment, cash, and other assets.
Livestock Insurance provides financial protection to farmers and
livestock owners against the risk of loss due to the death or illness of their animals. Here are
the key aspects:

Coverage

1. Death of Animals: Covers the loss due to the death of livestock from various causes
like accidents, diseases, natural calamities, and more.
2. Theft: Some policies include coverage for theft of livestock.
3. Permanent Disability: Covers animals that suffer from permanent total disability,
rendering them unfit for use.
4. Medical Expenses: Includes coverage for veterinary expenses in case of illness or
injury to the livestock.
5. Natural Disasters: Covers losses due to events like floods, earthquakes, and other
natural disasters.

Types of Livestock Covered

• Cattle: Dairy cows, beef cattle, and other bovines.


• Sheep and Goats: For wool, meat, and milk production.
• Poultry: Chickens, ducks, turkeys, and other birds.
• Pigs: Breeding and meat production.
• Horses: Used for agriculture, breeding, or sports.
• Other Animals: Includes a wide range of other farm animals.

Importance

• Financial Security: Helps protect the financial investment in livestock, ensuring that
losses do not severely impact the owner's livelihood.
• Risk Management: Provides a safety net against unforeseen events, allowing
livestock owners to manage risks effectively.
• Support for Farmers: Encourages the growth and development of the agricultural
sector by providing support and stability.

How It Works

1. Policy Purchase: The livestock owner purchases a policy covering the desired risks.
2. Premium Payment: The owner pays regular premiums to the insurance provider.
3. Claim Process: In the event of a covered loss, the owner files a claim with necessary
documentation and evidence.
4. Assessment and Compensation: The insurer assesses the claim and compensates the
owner based on the policy terms.

Livestock insurance is a crucial tool for ensuring the sustainability and profitability of
livestock farming by mitigating the financial impact of unexpected losses.
Goods in Transit Insurance provides coverage for goods while
they are being transported from one location to another. This type of insurance is crucial for
businesses and individuals who need to protect their goods from potential risks during
transit2. Here are some key points:

Coverage

• Damage: Covers damage to goods due to accidents, fire, theft, or other events.
• Loss: Provides coverage for loss of goods during transit.
• Theft: Protects against theft of goods while in transit.
• Natural Disasters: Covers damages caused by natural events like storms, floods, and
earthquakes.
• Loading and Unloading: Includes risks faced while loading and unloading goods.

Importance

• Financial Protection: Helps businesses recover from financial losses due to damaged
or lost goods.
• Business Continuity: Ensures that operations can continue smoothly without
significant interruptions.
• Peace of Mind: Provides reassurance that goods are protected during transportation.

Types of Transit Insurance

1. Single Transit Policy: Covers goods for a specific journey.


2. Open Policy: Covers multiple transits within a specified period, usually one year.
3. Customized Policy: Tailored to meet specific coverage needs of businesses.
4. Overnight Vehicles’ Insurance: Covers goods stored overnight in vehicles.

Who Should Invest

• Manufacturers: Protects goods during transportation to customers.


• Importers and Exporters: Ensures goods are covered during international shipping.
• Traders: Safeguards goods in transit between different locations.
• Transporters: Provides coverage for goods transported by third-party carriers.

Agricultural Insurance is designed to protect farmers from


financial losses due to unforeseen events such as natural disasters, pests, and diseases. Here
are some key points:

Types of Agricultural Insurance

1. Crop Insurance: Covers losses due to crop failure caused by natural calamities,
pests, and diseases.
2. Livestock Insurance: Provides coverage for the loss of livestock due to accidents,
diseases, and natural disasters.
3. Index-Based Insurance: Uses weather indices (e.g., rainfall, temperature) to
determine payouts, reducing the need for on-site assessments.
4. Revenue Insurance: Protects against a decline in revenue due to yield loss or price
fluctuations.

Importance

• Risk Management: Helps farmers manage risks associated with agriculture, ensuring
financial stability.
• Credit Eligibility: Farmers with insurance are more likely to qualify for loans, as it
reduces the lender's risk.
• Sustainable Farming: Encourages farmers to adopt better farming practices by
providing a safety net.

Government Schemes

• Pradhan Mantri Fasal Bima Yojana (PMFBY): A crop insurance scheme launched
by the Government of India to provide financial support to farmers in case of crop
failure due to natural calamities.
• Livestock Insurance Scheme: Provides protection to farmers and cattle rearers
against the loss of their animals

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