T. S. THAKUR, D. Y. CHANDRACHUD, L. NAGESWARA RAO
State of Tamilnadu Rep. by its Secretary Home, Prohobition & Excise Dept. – Appellant
Versus
K. Balu – Respondent
JUDGMENT :
D.Y. Chandrachud, J.
Delay condoned.
Leave granted.
The issue which we address in this case is about the presence of liquor vends on national and state highways across the country. The backdrop to the case is provided by alarming statistics on the occurrence of road accidents. They have claimed human lives and caused debility and injury. Both on a personal scale (in terms of the injuries and loss of life) as well as in a social context, restitution in the form of mandatory awards of compensation can never undo the trauma of loss and the pain of suffering. The law can only imperfectly alleviate the consequences of road accidents. In terms of personal suffering caused to individuals and families as well as in terms of deprivation caused to society of its productive social capital, road accidents impose unacceptable costs. We will analyse the issues which have been raised in this case on the basis of facts which are not in dispute and on the foundation of policy statements of the Union government which have been formulated after careful consideration. In doing that, the court must ensure that the parameters for the exercise of its jurisdiction are confined to the familiar terra
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