State of Hyderabad Vs. Gulab S/O Dhana and ors. - Court Judgment
|Court||Andhra Pradesh High Court|
|Judge||Sripatrao and ;Alikhan, JJ.|
|Appellant||State of Hyderabad|
|Respondent||Gulab S/O Dhana and ors.|
- motor vehicles act (59 of 1988)section 149 (2): [v. gopala gowda & jawad rahim, jj] insurers entitlement to defend the action joint appeal by insured and insurer - held, the language employed in enacting sub-section (2) of section 149 appears to be plain and simple and there is no ambiguity in it. it shows that when an insurer is impleaded and has been given notice of the case, it is entitled to defend the action only on grounds enumerated in sub-section (2) of section 149 of the act, and no other grounds are available to it. the insurer is not allowed to contest the claim of the injured or heirs of the deceased on other grounds, which are available to the insured. if insurer is permitted to contest the claim on other grounds it would mean adding more grounds of contest to the insurer..........judge of aurangabad recommending the enhancement of sentence. the munsif of kannad found both the accused kosha and gulab guilty under sections 10 and 31, hyderabad abkari act and sentenced them to a fine of rs. 2 each. there was a 3rd accused kalu, but he is not before us and the government have not been able to trace him. so this order is only as against the accused kosha and gulab. these two accused were found distilling illicit liquor and were caught red-handed. this is amply proved.2. under the circumstances, we agreed with the sessions judge that the fine of rs. 2 each is inadequate. we wish to draw the attention of the lower courts that in such matters adequate punishment must be given and such nominal punishment serves no purpose and is worse than useless. the punishment must be.....
1. This is a report made by the Sessions Judge of Aurangabad recommending the enhancement of sentence. The Munsif of Kannad found both the accused Kosha and Gulab guilty under Sections 10 and 31, Hyderabad Abkari Act and sentenced them to a fine of Rs. 2 each. There was a 3rd accused Kalu, but he is not before us and the Government have not been able to trace him. So this order is only as against the accused Kosha and Gulab. These two accused were found distilling illicit liquor and were caught red-handed. This is amply proved.
2. Under the circumstances, we agreed with the Sessions Judge that the fine of Rs. 2 each is inadequate. We wish to draw the attention of the lower Courts that in such matters adequate punishment must be given and such nominal punishment serves no purpose and is worse than useless. The punishment must be deterrent in such oases. We agree with the Sessions Judge that each of the two accused must be punished for a period of one month's simple imprisonment and a fine of Rs. 10 each. In default, they are to undergo a further period of one week's simple imprisonment.