WBB Act 12

धारा 12 · Insurance against loss or death

(1) A promoter shall insure with any general insurance company and obtain an insurance policy or policies covering the liability of any loss or death caused by any defect in land or building, and shall keep the authorised officer informed of payment of premium from time to time against such insurance policy or policies.

(2)

The policy or policies as aforesaid shall cover the risks extending not less than ninety per cent of the value or estimated value of building.

(3)

The insurance [shall cover risks for a period of not less than five years from the day of receipt of completion certificate from the authority who sanctioned the building plan.] [Substituted by Act 35 of 2002. w.e.f. 01.09.2003.]

(4)

The liability of the insurance company shall extend up to the value of life and property lost or bodily injuries suffered but shall not exceed the insured sum.

(5)

For determining the quantum of value of life and property lost or bodily injuries suffered, the State Government may, by order, constitute a Tribunal headed by a Judicial Officer having experience of not less than seven years in judicial service and may also, by such order or subsequent order, provide for assessors, not less than two in number, for assisting the Tribunal in such determination.Explanation 1. For the purposes of this section,

(a)

"loss" shall include damages of a building or part thereof or any other properties lawfully stored therein or bodily injuries suffered by any person, whether a resident of such building or an outsider; and

(b)

"death" shall include death to any person, whether a resident of a building or an outsider, caused by any defect in land or such building.

Explanation II.For death or bodily injuries, the value of loss for the purposes of compensation shall be determined in accordance with the provisions of the Motor Vehicles Act, 1988 (59 of 1988).

(6)

[ In the event of death of the insured promoter or wind up of the promoting company or in case of non-availability of promoter(s), the registered co-operative society or the apartment owners' association, formed by, and for, the benefit of the owners of the concerned buildings, may act on behalf of the insured promoter with the permission of the authorised officer for recovery of claim in case of any death or loss caused by any defect in land or building.] [Inserted by Act 35 of 2002. w.e.f. 01.09.2003.]

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