WHEREAS the client named in the agreement hereto and carrying on the business / profession described in the said agreement has applied to LEGAL BASTA (LAW FIRM) (here in after called ‘the Firm’) for the retainership hereinafter contained and has made a written proposal and declaration which shall be basis of this agreement and is deemed to be incorporated herein and has paid the premium as consideration for or on account of such retainership.
NOW THIS POLICY WITNESSETH that subject to the terms, exceptions and conditions contained herein or endorsed here on the firm will provide retainership for litigation(s) to the clients against their legal proceeding initiated by their respected patient(s) for any act explained hereinafter in Delhi NCR in accordance with Indian Law.
The retainership applies to defend clients from claims arising out of action against clients under Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 (hereinafter called ‘the PC & PNDT Act’), bodily injury and/or death of any patient caused by or alleged to have been caused by error, omission or negligence in professional service/medical negligence rendered by the client(s)(hereinafter referred to as the ‘Act’).
(a) Such Act during the Period of retainership results in a legal action being first made in writing against the client during the policy period as stated in the agreement.
(b) There shall be no liability hereunder for any claim made against the client for act committed or alleged to have been committed prior to the commencing Date specified in the agreement. Although in such case, client have option to engaged the firm as its legal representative for prior cases by making additional fees as per the fee schedule.
For the purpose of determining the validity of retainership
(a) ‘Policy Period’ means the period commencing from the effective date and hour as shown in the agreement and terminating at midnight on the expiry date as shown in the agreement.
(b) ‘Period of retainership’ means the period from commencement date to expiry date of policy as shown in the agreement.
(c) ‘Bodily Injury’ means death, injury, illness or disease of or to any person but does not include any mental injury.
The retainership period limit for One Year as set out in the retainership agreement which can be extended further on the mutual agreement.
1. No liability to defend the client shall attach to the firm in respect of
(i) Services rendered while under the influence of intoxicants or narcotics
(ii) The use of drugs for weight reduction
(iii) Claims made against client arising from the performance of Cosmo plastic surgery, hair transplant, punch grafts, flap rotations and the like (hereinafter referred to as cosmesis) it being understood that the following should not be deal with cosmesis:
a. Anaesthetic x-ray or other medical nursing or laboratory services provided in connection with the performance of cosmesis.
b. Plastic surgical repair of scar tissue being the result of previous surgery unrelated in cosmesis performed by the client.
(iv) Claims arising from any condition directly or indirectly caused by or associated with Human T-Cell Lymphotropic Virus Type 3 (HTLV 111) or Lymphadenopathy Associated Virus (LAV) or the mutants derivatives or variations thereof or in any way related to Acquired immune Deficiency Syndrome or condition of a similar kind howsoever it may be named
2.This policy does not cover liability
(i) Assumed by the client by agreement and which would not have attached in the absence of such agreement
(ii) Arising out of deliberate, wilful or intentional non- compliance of any statutory provision.
(iii) Arising out of loss of pure financial nature such as loss of goodwill, loss of market etc.
(iv) Arising out of all personal injuries such as libel, slander, false arrest, wrongful eviction, wrongful detention, defamation etc. and mental injury, anguish or shock.
(v) Arising out of fines, penalties, punitive or exemplary damages.
(vi) Directly or indirectly occasioned by happening through or in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.’
(vii) directly or indirectly caused by or contributed by
a. ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
b. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof (vin) arising out of genetic injuries caused by x-ray treatment/diagnosis or treatment/diagnosis with radioactive substances.
(viii) in respect of professional services rendered by the client prior to the Retroactive Date in the agreement.
(ix) the deliberate conscious or intentional disregard of the client’s technical or administrative management of the need to take all reasonable steps to prevent claims.
(x) injury/death to any person under the agreement of employment or apprenticeship with the client their contractor(s) and/or Sub-Contractor(s) when such injury / death arises out of the execution
1. Every notice, writ, summons or process and all documents relating to the event shall be forwarded to the firm immediately after they are received by the client.
2. The client shall give all such information and assistance as the firm may reasonably require.
3. This policy may be cancelled by the client by giving thirty days’ notice in writing to the firm in which event the firm will retain premium and no refund shall be allowed.