Critical Analysis Of The Case: Cholamandalam Ms General Insurance Company Limited Vs. Ramesh Babu

Siri Chandana Talasila, BBA LLB, Symbiosis Law School, Hyderabad, Symbiosis International University, Pune

ABSTRACT

In the case of Cholamandalam MS General Insurance Company Ltd. v. Ramesh Babu, the very maintainability of the petition is being questioned under the Motor Vehicle Act, 1988 statute. The primary question is whether the claimant can be considered a third party if no other motor vehicle was involved. Secondary question was regarding the personal accident cover, the question raised was if it can be interpreted by the motor accident claims tribunal through the motor vehicle statute or is it a contract that should be interpreted by the Indian contract act 1872 under the jurisdiction of a consumer court. The judgment passed in favour of the insurance company and it was held that a statutory liability cannot be equated with contractual liability as the injuries sustained by the claimant were not agreed upon by the terms and conditions of the parties. This research paper analysed the case through similar cases held in judicial court and the author’s interpretation of the statute. The crux of the case deals with familiar issues raised previously in the judiciary while adjudicating motor accident cases.

Keywords: Motor Vehicles Act, 1988; Third-Party; Motor Accident Claims Tribunal