( 1 ) THESE three appeals can be disposed of together as a common question of law is involved.

( 2 ) THE proceedings relate to compensation in respect of accidents involving the death or bodily injury to persons arising out of the use of motor vehicles. In all these cases, the accidents took place prior to 1-10-1982. The claims preferred in respect thereof were dismissed on the ground that the negligence of the driver of the vehicle was not established.

( 3 ) ON merits, we do not find any substance in the contention of the learned counsel for the appellant that the finding regarding negligence is unsustainable. But the appellants contend that irrespective of the fact whether there was any negligence on the part of the driver of the vehicle they are entitled to compensation of Rs. 15,000/- under S. 92-A of the Motor Vehicles Act. They contend that a no fault liability had been imposed under this provision and they are entitled to compensation of Rs. 15,000/ -.

( 4 ) ON the other hand, it is contended for the respondents that Section 92-A of the Motor Vehicles Act came into force on 1-10-1982 and it has no retrospective operation. It is prospective and governs cases where accidents took place subsequent to 1-10-1982 and not prior thereto.

( 5 ) TO appreciate the respective contentions of the parties, it is necessary to refer to Section 92-A of the Motor Vehicles Act which was introduced by the Amending Act 47/82. Section 92-A has come into force with effect from 1-10-1982. In all these cases, the accident took place prior to 1-10-1982 and the claim petitions are pending. The question is whether Section 92-A applies to pending proceedings. It is as follows :-"92-A. Liability to pay compensation in certain cases on the principle of no fault : (1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of seven thousand five hundred rupees. (3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall be quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement. "

( 6 ) IT is seen from the aforementioned provisions that the statute imposes a liability on the owner of the vehicle to pay compensation in respect of death or disablement resulting from an accident. Sub-section (2) provides the quantum namely, Rs. 15,000/- in respect of death and Rs. 7,500/- in respect of a permanent disablement. Sub-section (3) absolves the claimant from proving that the death was due to any wrongful act or fault on the part of the owner or owners or of any other person. Sub-section (4) directs that no claim shall be defeated by reason of any wrongful act or default on the part of the person in respect of whose death or permanent disablement the claim has been made. Thus the long and short of these provisions is that where a death or disablement had occurred due to