P. RAMA RAO versus P. NIRMALA AND ORS.

P. RAMA RAO versus P. NIRMALA AND ORS.

Notice under Section 10 of the Carriers Act, 1865 must be issued to the insurer within six months from the date of knowledge of injury or loss to goods before filing the suit; the failure to issue such notice renders the suit against the insurer not maintainable.

Parties
Petitioner: P. Ramarao; Respondent: P. Nirmala; Respondent: Oriental Fire & General Insurance Co. Ltd.
Jurisdiction
India
Judgment Date
05 December 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Review
Outcome
Petition dismissed
Legal Topics
Suit Against Carrier, Notice Requirement Under Carriers Act, 1865, Liability of Insurer for Carrier
Contract Law Insurance Law Transport Law Suit Against Carrier Notice Requirement Under Carriers Act, 1865 Liability of Insurer for Carrier

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Parties

P. Ramarao

Petitioner

P. Nirmala

Respondent

Oriental Fire & General Insurance Co. Ltd.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Review

Legal Issues

  1. 1 Whether a suit against the insurance company as insurer of a common carrier can lie without issuance of notice under Section 10 of the Carriers Act, 1865 within six months.

Ratio Decidendi

Notice under Section 10 of the Carriers Act, 1865 must be issued to the insurer within six months from the date of knowledge of injury or loss to goods before filing the suit; the failure to issue such notice renders the suit against the insurer not maintainable.

Court Disposition

Petition dismissed

Orders

  • The special leave petition is dismissed.