HDFC Letter of Subrogation 1

DEED OF SUBROGATION CUM INDEMNITY
THIS DEED OF SUBROGATION CUM INDEMNITY EXECUTED at on of by hereinafter referred

to as the Insured (Which expression shall unless it be repugnant to the context be deemed to include his legal heirs,
successors, executors, administrators, and permitted assignees) of the FIRST PART.
In favour of HDFC ERGO General Insurance Company Ltd. a company incorporated under the Companies Act, 1956
and having its registered office at Ramon House, H .T. Parekh Marg, 169 Backbay Reclamation, Mumbai-400 02 0
(hereinafter referred to as "HDFC ERGO" which expression shall unless repugnant to the meaning or context thereof
mean and include its successors and assigns) of the SECOND PART.
W H E R E A S HDFC ERGO GIC Ltd has Insured Vehicle No. belonging to the Insured under its Policy
No.
W H E R E A S the Insured reported that there has been a theft of the Vehicle, 2nd that the loss which has occurred to
the Insured due to such accident is covered under the terms of the Policy.
W H E R E A S the Insured has lodged a claim dated:- for Rs. - under the Policy with the HDFC
ERGO and HDFC ERGO GIC Ltd has agreed to settle the claim for Rs.
NOW THIS DEED OF SUBROGATION CUM IMDEMNITY WITNESSET

1. The Insured recognizes that consequent to the payment of the above claim by HDFC ERGO, HDFC ERGO
shall by virtue of the applicability of the provisions of the relevant laws including the Indian Contract Act
1872 and/or the terms of the Policy, become subrogated to all the Insured's rights and remedies in respect of
subject matter insured under the Policy.
2. The Insured hereby confirms that in order to enable HDFC ERGO to exercise its rights and remedies by virtue
of the subrogation as above, HDFC ERGO has the unfettered right to carry out one or more of the following
acts ;
(a) To use the name of the Insured to the extent necessary to exercise effectively all or any of such rights
and remedies.
b) To do all such acts and things as may be necessary to commence, prosecute or to enforce or to defend,
answer or oppose all actions and other legal proceedings in relation to the subject matter of insurance.
c) To settle, withdraw, adjust compound submit to arbitration and compromise all actions suits,
accounts, claims and demands whatsoever which now are or hereafter shall or may be pending in
respect of the subject matter of insurance.
d) To follow up the aforesaid actions, suits claims, accounts demands and applications and for this
purpose to sign, furnish and execute such papers and documents as may be required and to make any
appeal, applications petition and affidavit and to engage any advocates, pleaders, chartered
accountants, valuers, engineers, and such other persons as HDFC ERGO deems fit.
e) To do all acts, deemed necessary by HDFG ERGO to effectively enjoy the rights and remedies
available to HDFC Ergo by virtue of the said subrogation.
3) The Insured further confirms that HDFC ERGO shall have full discretion in the conduct of any proceedings in
relation to the above and the Insured shall give all such information and assistance as HDFC ERGO may
required. The insured shall not make any admission, offer, promise payment, compromise or indemnity in
relation to t he subject matter of insurance to any third party without the written consent of HDFC ERCO. The
Insured affirms that HDFC ERGO shall be entitled to exercise full freedom in relation to the defense or
settlement of any claim relating to the subject matter and/or the prosecution in the name of the Insured, in
order to effectively enjoy the rights and remedies accruing to HDFC ERGO hereunder.
4) The Insured, if so required by HDFC ERGO, hereby undertakes to follow up before the police authorities or
any other competent authority and/or court any complaint, investigation and/or enquiry which is pending
before such authority and/or court in respect of the subject matter of insurance and keep HDFC ERGO
informed of developments from time to time and also the result thereof.
5) The Insured undertakes to assist and cooperate with HDFC ERGO in all reasonable manners for
establishing/claiming HDFC ERGO' s right, title & interest in the subject matter of insurance.
6) In consideration of the said settlement of the claim by HDFC ERGO, the Insured agrees to absolutely and
unconditionally, protect, defend hold harmless, and indemnify HDFC ERGO and its servants and agents from
and against any liability, claim, demands or cost or expense that may be caused to, suffered by or occasioned
to or sustained by HDFC ERGO or which HDFC ERGO however or whenever may suffers sustain, infer or be
exposed to, due to the occurrence of one or more of the following;
a) Any breach of the terms of the Policy by the Insured.

b) Any tax or levy imposed by any statutory or local authority, including the Regional Transport Office,
under the provisions of the Motor Vehicles, Act, 1980, the relevant Motor Vehicle Tax Act or the
rules made there under or any other applicable law, rule or regulations, in connection with the subject
matter of insurance.
c) Any defect or claim which exists or which may arise in future in relation to the title of the Insured
over the subject matter of Insurance.
d) Any fraudulent act or misrepresentation by the Insured.
e) Any failure by the Insured to comply with any applicable law, regulation, judgments or decree
including tout not limited to the provisions of the Motor Vehicles Act 1983, the relevant Motor
Vehicle Tax Act or the rules made there under.
f) Any failure/delay or omission by the Insured to fulfill its obligation contained herein.
7) The Courts of Mumbai shall have the exclusive jurisdiction in relation to any disputes that may arise
in relation to this Deed.
IN WITNESSESS WHEREOF the Insured above named has under set & subscribed his respective hands the day
and year first herein above written.
SIGNED AND DELIVERED by the
within named Insured.
In the presence of:

WITNESSES:
1.
2.

HDFC Letter of Subrogation 1

Uploaded by

Copyright:

Available Formats

HDFC Letter of Subrogation 1

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

HDFC Letter of Subrogation 1

Uploaded by

Copyright:

Available Formats

What is the document about?

What rights does HDFC ERGO obtain after settling the claim?

DEED OF SUBROGATION CUM INDEMNITY

THIS DEED OF SUBROGATION CUM INDEMNITY EXECUTED at on of by hereinafter referred

NOW THIS DEED OF SUBROGATION CUM IMDEMNITY WITNESSET

a) Any breach of the terms of the Policy by the Insured.

In the presence of:

You might also like