The main legal point established in the judgment is the importance of enforcing social welfare legislation, avoiding derogatory remarks that belittle the need for compensation, and ensuring fair compensation for victims of accidents.

1. - "Campose" 'Morphia" "Opium" Medical tranquilisers, for forgetting pain & suffering of injuries substitued by ' Fate & Desting-Bhagya & Karma "Mantras" by Judicial Officer for "forget & forgive" accident offenders-whether consistent with "Socialist-Preamble & Directive Principles?

2. Are we here to recite, chat and preach sermons and Mantra only and then leave the judgment to fate or do judicial determination as 'watch dogs' of the constitution''

3. A lion tamer or a Zoo Master would easily tell us how "tranquilisers" gun make a lion lie like sheep of calf. "Bhagya" & "Karma" tranquilisers reduce a 'citizen', to a 'subject' only. "Purvajanma Karma" gun shot compells one to forget his rights & forgive offenders and tolerate injustice.

4. The socialist jurisprudence, which inevitably follows from our preamble and directive principle, warrants that Courts should not he reduced to instruments of exploitation and oppression. The aim of jurisprudence is to enable the people to achieve the goal "To each according to his need, from each according to his ability"' As the Chief Justice of India Shri R. S. Pathak, suggested, "Lawyers should undertake programmes to develop legal literacy to take justice to the poor and underprivileged." Millions in this country are not even aware of their rights under the Constitution.

5. It is a pity that majority of the people are not in a position to take advantage of the existing laws when litigation becomes a long drawn-out affair Nor do the Directive Principles spelt out in the Constitution help the people in a big way so long as they cannot be enforced through courts. In the above backdrop, whether Judicial Officers can be permitted to preach orphan child of the deceased who died in accident, and his widow; the outdated obsolete antithesis fatalism and "time is the best healer, Mantra as a weapon of evasion and avoidance of Compensation.

6. Dr Rajeev Dhavan, in a recent study organised by Indian Law Institute on functioning of Indian Judiciary has argued that the emergent capitalism must find a "substantive rationality", through the operation of market forces or failing which, it must allow the state to impose such a 'rationality', upon it. From the ideological angle, he prefers social jurisprudence and thus falls in line with the school of thought represented by Justice V.R. Krishna-Iyer and O. Chinappa Reddy.

7. However, leaving individuals and following the Constitutional mandate, the Indian Judiciary. I am of the opinion, should always keep, the preamble of the Constitution which emphasises socialism and Directive Principles, in the forefront. That way alone justice can reach the down trodden, poor, oppressed and suppressed, underdogs and those victims of injustice, who on account of absence of long purse with ignorance illiteracy, and poverty, have remained out caste from the courts mostly.

8. A Judicial Officer should avoid chanting "Mantras" of Destiny & Fate, "Bhagya & Karmafal" in judgment and leave it to legislators The circumvention of law by "Bhagya & Karma" would result in liquidation of Judicial activism, encourage non-implementing Executive & would leave us to law of jungle.

9. Are the following observations not derogatory to Socialist-Preamble?

10. They exhibit indiscrete effort of avoidance & evasion of "Social Security law's judicial implementation by Judicial Officer and, of his tilting the scales in favour of guilty defaulter, may be unwittingly or deliberately.

11. Reproduced from para 12 of the judgment, the sermon is as under:

12. Are we conscious of the magnitude of this problem? Let me state statistics only.

13. In India 1960, persons killed in Automobile accidents of roads were 5,106 but i . 1983 they were 30,417. The year 1986 recorded human lives lost in accidents to 40,000 and at this rate by the end of this century it would be from I .29,198 to 3,99,616 accidents. Even the National Transport Planning and Research Centre has raised red-alarm to all concerned on the abo