How many sections are in The Marine Insurance Act, 1963 (TMIA)?

The The Marine Insurance Act, 1963 (TMIA) contains a total of 67 sections organized across 1 chapters. The chapters are: Chapter I — Full Text — 67 sections.

Where can I read the complete TMIA bare act online for free?

You can read the complete, updated text of The Marine Insurance Act, 1963 (TMIA) with all 67 sections for free at Law on Tips (lawontips.com). Each section includes the full legislative text with chapter-wise navigation.

What does TMIA deal with?

The Marine Insurance Act, 1963 (TMIA) is an Indian legislation passed by the Parliament of India. An Act to codify the law relating to marine insurance. Read the complete bare act text with section-by-section navigation at Law on Tips.

What is the full form of TMIA?

TMIA stands for "The Marine Insurance Act, 1963". It is an Indian legislation containing 67 sections across 1 chapters. You can read the complete TMIA bare act with all sections at Law on Tips.

The Marine Insurance Act, 1963 (TMIA) - Complete Bare Act with All 67 Sections | Law on Tips

S.17Goods. - The term "goods" means goods in the nature of merchandise, and does not include personal effects or provisions and stores for use on board

S.26Signature of insurer .-(1) A marine policy must be signed by or on behalf of the insurer

S.1Short title and commencement .-(1) This Act may be called The Marine Insurance Act, 1963

S.28Designation and subject-matter .-(1) The subject-matter insured must be designated in a marine policy with reasonable certainty

S.5Lawful marine adventure .-Subject to the provisions of this Act, every lawful marine adventure may be the subject of a contract of marine insurance

S.7Insurable interest defined .-(1) Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure

S.9Defeasible or contingent interest .-(1) A defeasible interest is insurable, as also is a contingent interest

S.11Reinsurance .-(1) The insurer under a contract of marine insurance has an insurable interest in his risk, and may reinsure in respect of it

S.4Mixed sea and land risks .-(1) A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage

S.6Avoidance of wagering contracts .-(1) Every contract of marine insurance by way of wagering is void

S.8When interest must attach .-(1) The assured must be interested in the subject-matter insured at the time of the loss, though he need not be interested when the insurance is effected:

S.20Disclosure by assured .-(1) Subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which, is known to the assured, and the assured is deemed to know every circumstance which, in the ordinary course of business, ought to be known to him. If the assured fails to make such disclosure, the insurer may avoid the contract

S.21Disclosure by agent effecting insurance .-Subject to the provisions of the preceding section as to circumstances which need not be disclosed, where an insurance is effected for the assured by an agent, the agent must disclose to the insurer

S.22Representations pending negotiation of contract .-(1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract

S.23When contract is deemed to be concluded .-A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not; and for the purpose of showing when the proposal was accepted, reference may be made to the slip, covering note or other customary memorandum of the contract, although it be unstamped

S.25What policy must specify .-A marine policy must specify

S.31Floating policy by ship or ships .-(1) A floating policy is a policy which describes the insurance in general terms, and leaves the name or names of the ship or ships and other particulars to be defined by subsequent declaration

S.32Construction of terms in policy .-(1) A policy may be in the form in the Schedule

S.33Premium to be arranged .-(1) Where an insurance is effected at a premium to be arranged, and no arrangement is made, a reasonable premium is payable

S.35Nature of warranty .-(1) A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say, a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts

S.36When breach of warranty excused .-(1) Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law

S.37Express warranties .-(1) An express warranty may be in any form of words from which the intention to warrant is to be inferred

S.49Several ports of discharge .-(1) Where several ports of discharge are specified by the policy, the ship may proceed to all or any of them, but, in the absence of any usage or sufficient cause to the contrary, she must proceed to them, or such of them as she goes to, in the order designated by the policy. If she does not there is a deviation

S.42No implied warranty that goods are seaworthy .-(1) In a policy on goods or other movables there is no implied warranty that the goods or movables are seaworthy

S.43Warranty of legality .-There is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner

S.44Implied condition as to commencement of risk .-(1) Where the subject-matter is insured by a voyage policy "at and from" or "from" a particular place, it is not necessary that the ship should be at that place when the contract is concluded, but there is an implied condition that the adventure shall be commenced within a reasonable time, and that if the adventure be not so commenced the insurer may avoid the contract

S.47Change of voyage .-(1) Where, after the commencement of the risk, the destination of the ship is voluntarily changed from the destination contemplated by the policy, there is said to be a change of voyage

S.48Deviation .-(1) Where a ship, without lawful excuse, deviates from the voyage contemplated by the policy, the insurer is discharged from liability as from the time of deviation, and it is immaterial that the ship may have regained her route before any loss occurs

S.52When and how policy is assignable .-(1) A marine policy may be transferred by assignment unless it contains terms expressly prohibiting assignment. It may be assigned either before or after loss

S.53Assured who has no interest cannot assign .-Where the assured has parted with or lost his interest in the subject-matter insured, and has not, before or at the time of so doing expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative:

S.54When premium payable .-Unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insurer to issue the policy to the assured or his agent, are concurrent conditions, and the insurer is not bound to issue the policy until payment or tender of the premium

S.55Included and excluded losses .-(1) Subject to the provisions of this Act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against

S.56Partial and total loss .-(1) A loss may be either total or partial. Any loss other than a total loss, as hereinafter defined, is a partial loss

S.57Actual total loss .-(1) Where the subject-matter insured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss

S.62Notice of abandonment .-(1) Subject to the provisions of this section, where the assured elects to abandon the subject-matter insured to the insurer, he must give notice of abandonment. If he fails to do so the loss can only be treated as a partial loss

S.63Effect of abandonment .-(1) Where there is a valid abandonment the insurer is entitled to take over the interest of the assured in whatever may remain of the subject-matter, insured, and all proprietary rights incidental thereto

S.64Particular average loss .-(1) A particular average loss is a partial loss of the subject-matter insured, caused by a peril insured against, and which is not a general average loss

S.66General average loss .-(1) A general average loss is a loss caused by or directly consequential on a general average act. It includes a general average expenditure as well as a general average sacrifice

S.67Extent of liability of insurer for loss .-(1) The sum which the assured can recover in respect of a loss on a policy by which he is insured, in the case of an unvalued policy to the full extent of the insurable value, or in the case of a valued policy to the full extent of the value fixed by the policy, is called the measure of indemnity

S.68Total loss .-Subject to the provisions of this Act, and to any express provision in the policy, where there is a total loss of the subject-matter insured

S.65Salvage charges .-(1) Subject to any express provision in the policy, salvage charges incurred in preventing a loss by perils insured against may be recovered as a loss by those perils

S.72Apportionment of valuation .-(1) Where different species of property are insured under a single valuation, the valuation must be apportioned over the different species in proportion to their respective insurable values, as in the case of an unvalued policy. The insured value of any part of a species is such proportion of the total insured value of the same as the insurable value of the part bears to the insurable value of the whole, ascertained in both cases as provided by this Act

S.73General average contributions and salvage charges .-(1) Subject to any express provision in the policy, where the assured has paid, or is liable for, any general average contribution, the measure of indemnity is the full amount of such contribution if the subject-matter liable to contribution is insured for its full contributory value; but, if such subject-matter be not insured for its full contributory value, or if only part of it be insured, the indemnity payable by the insurer must be reduced in proportion to the under insurance, and where there has been a particular average loss which constitutes a deduction from the contributory value, and for which the insurer is liable, that amount must be deducted from the insured value in order to ascertain what the insurer is liable to contribute

S.71Partial loss of goods, merchandise, etc .-Where there is a partial loss of goods, merchandise, or other movable, the measure of indemnity, subject to any express provision in the policy, is as follows:

S.75General provisions as to measure of indemnity .-(1) Where there has been a loss in respect of any subject-matter not expressly provided for in the foregoing provisions of this Act, the measure of indemnity shall be ascertained as nearly as may be, in accordance with those provisions, insofar as applicable to the particular case

S.77Successive losses .-(1) Unless the policy otherwise provides, and subject to the provisions of this Act, the insurer is liable for successive losses, even though the total amount of such losses may exceed the sum insured

S.79Right of subrogation .-(1) Where the insurer pays for a total loss, either of the whole, or in the case of goods of any apportionable part of the subject-matter insured, he thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject-matter so paid for, and he is thereby subrogated to all the rights and remedies of the assured in and in respect of that subject-matter as from the time of the casualty causing the loss

S.80Right of contribution .-(1) Where the assured is over-insured by double insurance, each insurer is bound, as between himself and the other insurers, to contribute rateably to the loss in proportion to the amount for which he is liable under his contract

S.81Effect of under insurance .-Where the assured is insured for an amount less than the insurable value, or, in the case of valued policy, for an amount less than the policy valuation, he is deemed to be his own insurer in respect of the uninsured balance

S.82Enforcement of return .-Where the premium, or a proportionate part thereof, is, by this Act, declared to be returnable

S.86Implied obligation varied by agreement or usage .-(1) Where any right, duty, or liability would arise under a contract of marine insurance by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract

S.3At and from. - (a) Where a ship is insured "at and from" a particular place, and she is at that place in good safety when the contract is concluded, the risk attaches immediately

S.15/717 Statement of Objects and Reasons

S.16Quantum of interest .-(1) Where the subject-matter insured is mortgaged, the mortgagor has an insurable interest in the full value thereof, and the mortgagee has an insurable interest in respect of any sum due or to become due under the mortgage

S.18Measure of insurable value .-Subject to any express provision or valuation in the policy, the insurable value of the subject-matter insured must be ascertained as follows:

S.2Definitions .-In this Act, unless the context otherwise requires,

S.27Voyage and time policies .-(1) Where the contract is to insure the subject-matter at and from, or from one place to another or others, the policy is called a "voyage policy", and where the contract is to insure the subject-matter for a definite period of time, the policy is called a "time policy". A contract for both voyage and time may be included in the same policy

S.29Valued policy .-(1) A policy may be either valued or unvalued

S.34Double insurance .-(1) Where two or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Act, the assured is said to be over-insured by double insurance

S.38Warranty of neutrality .-(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk

S.41Warranty of seaworthiness of ship .-(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured

S.51Excuse for deviation or delay .-(1) Deviation or delay is prosecuting the voyage contemplated by the policy is excused

S.60Constructive total loss defined .-(1) Subject to any express provision in the policy, there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred

S.69Partial loss of ship .-Where a ship is damaged, but is not totally lost, the measure of indemnity subject to any express provision in the policy, is as follows

S.76Particular average warranties .-(1) Where the subject-matter insured is warranted free from particular average, the assured cannot recover for a loss of part, other than a loss incurred by a general average sacrifice, unless the contract contained in the policy be apportionable; but, if the contract be apportionable, the assured may recover for a total loss of any apportionable part

S.78Suing and labouring clause .-(1) Where the policy contains a suing and labouring clause, the engagement thereby entered into is deemed to be supplementary to the contract of insurance, and the assured may recover from the insurer any expenses properly incurred pursuant to the clause, notwithstanding that the insurer may have paid for a total loss, or that the subject-matter may have been warranted free from particular average, either wholly or under a certain percentage

S.84Return for failure of consideration .-(1) Where the consideration for the payment of the premium totally fails, and there has been no fraud or illegality on the part of the assured or his agents, the premium is thereupon returnable to the assured

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The Marine Insurance Act, 1963

The Marine Insurance Act, 1963

What is The Marine Insurance Act, 1963 (TMIA)?

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