P. RAMA RAO vs P. NIRMALA

The Supreme Court upheld the decision of the Andhra Pradesh High Court, stating that under Section 10 of the Carriers Act, 1865, a notice of loss or injury must be issued to the common carrier within six months of the incident for a suit to be maintainable. The Court found that the notice issued by the petitioner was after the statutory period, thus the suit against the insurer, Oriental Fire and General Insurance Company Ltd., was not valid. Consequently, the appeal was dismissed, affirming the High Court's ruling that the suit could not proceed against the insurer due to non-compliance with the notice requirement.