Usha, J.

The question referred for consideration of the Full Bench is whether amendment to S.140 of the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 1994 enhancing the quantum of compensation is applicable to claims for compensation in respect of death or permanent disablement resulting from accidents which occurred prior to 14.11.1994, the date on which the Amending Act came into force. In New India Assurance Co, Ltd., v. Thankam, 1995 (1) KLT 323, a Bench of mis Court, while

considering a claim arising out of an accident which occurred prior to 1.7.1989, namely, the date on which Motor Vehicles Act, 1988, came into force, took the view that it is the provision contained under S.140 of Motor Vehicles Act, 1988 which should be applicable to the case and not the provisions contained under S.92A of the Motor Vehicles Act, 1939. The correctness of this decision is also under challenge.

2. The concept of no-fault liability was introduced for the first time in the Statute by way of amendment to the Motor Vehicles Act, 19 39 under Amending Act 47 of 1982, which came into force on 1.10.1982. S.92A provided that where death or permanent disablement of any perso