( 1 ) ). This Civil Revision Application is filed by the Insurance company against the judgment and order of Motor Accident Claims Tribunal, whereby on an application made under Sec. 140 of the Motor Vehicles Act, 1988 at Exhibit 4 in Motor Accident Claim Petition No. 246 of 1993, the Tribunal has by judgment and decree dated 21st of June, 1995, directed the opponent to pay jointly and severally a sum of Rs. 50,000. 00 by way of an interim compensation based on "no-fault liability" with 15 per cent interest per annum from the date of the application till payment.

( 2 ) ). At the hearing of this petition, it was submitted before this Court by Mr. P. V. Nanavati learned Counsel appearing for the Insurance Company that the accident has admittedly, taken place on 22nd of November, 1992 and in such accident vandanaben Girishbhai Trivedi expired. The heirs and legal representatives of said vandanaben Girishbhai Trivedi thereupon instituted the Motor Accident Claim petition No. 246 of 1993. On the date of the accident as well as on the date of the petition, the provision of Sec. 140 of the Motor Vehicles Act, 1988 reads as under :"sec. 140. Liability to pay compensation in certain cases on the principle of nofault :- (1) Where 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, or, as the case may be, the owners of the vehicles 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-sec. (1) in respect of the death of any person shall be a fixed sum of twenty-five thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be fixed sum of twelve thousand rupees. (3) In any claim for compensation under sub-sec. (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 due to wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other persons. (4) A claim for compensation under sub-sec. (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 the 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. "

( 3 ) ). In the aforesaid provision the amount which could have been awarded in case of death of a person by way of interim compensation, then stipulated by the legislative provision was Rs. 25,000. 00. It is no doubt true that the said amount is subsequently enhanced to Rs. 50,000. 00 by the amendment Act No. 54 of 1994, which has come into force from 14th of November, 1994. This Court has in the case of gujarat State Road Transport Corporation v. Deceased Kashiben, reported in 1993 (2) glh (UJ-6) 11, has taken the view that when the accident in question has taken place before the amendment of the Act came into force, the provision of the old act would apply. The amending Act, which has come into force from November, 1994 has, however, not provided that such amendment shall have retrospective effect or shall apply irrespective of the date of accident. The relevant date being the date of accident, the entitlement of a person to receive interim compensation shall have to be decided by reference to the date of accident. Here, in fact, by the Amendment, the liability to deposit the amount is enhanced from Rs. 25,000. 00 to Rs. 50,000/ - in case of death and from Rs. 12,000. 00 to Rs. 25,000. 00 in case of permanent/partial disability. Since there is increase in liability, the said piece