M.G.BROTHERS LORRY SERVICE vs PRASAD TEXTILES

The Supreme Court held that Section 10 of the Carriers Act, 1865 mandates that a notice of loss or injury must be given within six months before instituting a suit against a common carrier. The Court found that Condition-15 of the Way Bill, which required a claim to be made within 30 days, was void under Section 23 of the Indian Contract Act, as it aimed to defeat the provisions of Section 10. The Court affirmed the High Court's decision allowing the respondent's appeal, thereby upholding the liability of the common carrier despite the conditions set forth in the Way Bill.