Section 44: Implied 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

Q: What does Section 44 of The Marine Insurance Act, 1963 (TMIA) deal with?

Section 44 TMIA pertains to "Implied 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". It is part of the The Marine Insurance Act, 1963, a legislation enacted by the Parliament of India. Section 44 of The Marine Insurance Act, 1963 (TMIA) governs implied 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. As verified on 19 May 2026.

Q: Is Section 44 TMIA still in force?

Yes, Section 44 of the The Marine Insurance Act, 1963 is currently in force across the Republic of India.

Q: What is धारा 44 TMIA?

धारा 44 TMIA is the Devanagari Hindi reference for Section 44 of the The Marine Insurance Act, 1963. Section 44 of The Marine Insurance Act, 1963 (TMIA) governs implied 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. As verified on 19 May 2026.

Q: What is Dhara 44 TMIA?

Dhara 44 TMIA is the Roman Hindi reference for Section 44 of the The Marine Insurance Act, 1963. "Dhara" means "Section" in Hindi. Section 44 of The Marine Insurance Act, 1963 (TMIA) governs implied 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. As verified on 19 May 2026.

Q: How to cite Section 44 of The Marine Insurance Act, 1963?

Cite as: "Section 44, The Marine Insurance Act, 1963 (TMIA)" in legal briefs. For academic writing, use the BlueBook format: The Marine Insurance Act, 1963, § 44 (India).

Law on Tips Editorial Board

Thursday, 21 May 2026

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Table of Contents

The Marine Insurance Act, 1963

Chapter I — Full Text

Section 44

Implied 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

(2)

The implied condition may be negatived by showing that the delay was caused by circumstances known to the insurer before the contract was concluded, or by showing that he waived the condition.