Page 214 - Liability Insurance IC74
P. 214

The Insurance Times

         To apply the rule two conditions are necessary :
         (i) There must be an escape from the land, something
         likely to cause harm.
         (ii) A non-natural use of that land. This means that
         something must be bought on to the land which was not
         naturally there.

         Like in the above Ryland v Fletcher case, water was
         brought on to the land but the rule would not have applied
         if the escape of water was from a natural lake on the
         land.

         (c)Procedure for rating Workmen's Compensation Policy
         - this class of insurance was earlier governed by the
         Tariff, now falls under the File & Use guidelines of the
         IRDA, though the policy wordings continue to apply.
         Most insurers continue to use occupation, classification
         and the rates of the erstwhile tariff for determining
         premiums with minor modifications based on the
         individual experience.

         There are two forms of insurance policy:
         Table A : indemnity against legal liability for accidents
         to employees under (i) the workmen's compensation act
         1923 and subsequent amendments of the said Act prior
         to the date of issue of the Policy. (ii) the Fatal Accidents

Website: www.bimabazaar.com Call: 033-22184184 / 40078428  210

Copyright@ The Insurance Times. 09883398055 / 09883380339
   209   210   211   212   213   214   215   216   217   218   219