Form 4A: Deed of Indemnity & Subrogation

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Form 4A

(TO BE EXECUTED ON STAMP PAPER OF RS.20/- OR ABOVE BY THE INSURED & THE
NOTARY DULY WITNESSED)

DEED OF INDEMNITY & SUBROGATION


Dear Sirs,
Re: Claim No._______________
Policy No. ______________________
Interest Covered MOBILE HANDSET
THIS deed of indemnity made at ________________on this ___________day of
_________ 20__
________ between Mr./Ms.________________________________
hereinafter referred to as the INSURED which expression shall unless it be
repugnant to the context be deemed to include its successors and assignees)
of the First part and Insurance Company under the Indian Companies Act
1956 and having its registered hereinafter referred to as COMPANY (which
expression shall wherever the context so requires or permits includes it
successors and assignees) of the Second Part.
WHEREAS the Company had insured IMEI No. ______________________
(description of the property involved) belonging to the Insured under its
Policy No.
__________________________ dated ______________ and whereas the insured
reported that the said (Property) MOBILE HANDSET was STOLEN (cause of
loss) on
_______________and whereas a claim of Rs.___________________ (Rupees
_________________________) under the said policy has been lodged with the
Company AND WHEREAS the company has agreed to pay the claim for Rs.
(_______ ) provided the insured agree and undertake to indemnify the
Company against any liability/dues/compensation/awards/penalties etc.
under any act or acts for time being in force or under the Policy and refund of
claim paid.
AND WHEREAS the insured has agreed to indemnify the Company as
aforesaid AND WHEREAS the Company has agreed to make payment of Rs.
(________ )

Subject to the stipulation contained hereinabove.


NOW THIS INDENTURE WITHESSETH that in pursuance of the said Agreement
and in consideration of the said sum of Rs. ( _______) to be paid to the insured
by the Company the party of the First part hereby absolutely unconditionally
and fully indemnify and will at all times hereinafter keep indemnified, saved,
defended and harmless the Company, their servants and Agents in respect of
and against all losses, payment, damages, costs, charges, expenses,
liabilities and prejudices of whatever kind and nature and whomsoever and
whenever may suffer, sustained by the Company or which the Company.
However or whenever may suffer, sustained, incurred or be exposed against
the Company in connection with the said property by the Govt. under any
acts for the time being in force.
We hereby acknowledge receipt of a sum of Rs. (________) which you have
paid to us and which we have accepted in full & final settlement of our claim
in respect of a claim preferred by us for loss of property occurred due to
_______________________
on _____________.
We further declare and agree that by virtue of the aforesaid payment the
underwriter concerned became subrogated to all our rights, interest and
remedies in respect of the aforesaid subject matter in accordance with the
laws governing the contract of insurance. We also declare and agreed that
the said Insurance company. shall have unequivocal rights and authority to
use our name to the extent as may be necessary to effectively exercise all or
any such rights and or remedies that we will furnish them with any
assistance they may reasonable require of us when exercising such rights
and whilst on their part they will indemnify us against liability for costs,
charges, expenses arising out of and in connection with any proceedings
which they may initiate in our name in exercise of such rights and remedies.
IN WITNESSESS WHEREOF the parties hereto have set and subscribed their
respective hands and seals the day and year first hereinabove written.
DATED THIS __________DAY OF _________20___________AT _____________.
SIGNED SEALED AND DELIVERED BY INSURED

(SIGNATURE OF CLAIMANT)

In the presence of Witness:


Name:
Address:
SIGNED SEALED AND DELIVERED BY (NOTARY)
(COLLECTION OF THIS DOCUMENT DOES NOT CONFIRM ADMISSION
OF LIABILITY)

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