( 1 ) THE question of law of obvious significance and far-reaching consequence permitted to be raised and debated at the Bar, though not taken in the grounds of appeal, has been the subject-matter of conflicting decisions of various High Courts. The question is whether Section 92-A of the Motor Vehicles Act, 1939, as inserted by Amending Act No. 47 of 1982 with effect from 1. 10. 1982 and Section 140 of the Motor Vehicles Act, 1988, are retrospective in operation and effect and the benefit thereof is extendible to a claim for damages in respect of death or permanent disablement which has resulted from an accident arising out of the use of motor vehicle, occurring prior to 1. 10. 1982?

( 2 ) BEFORE taking up the question a resume of the facts giving rise to this appeal may be stated as thus: The accident arising out of the use of motor vehicle in the instant case occurred on 14. 1. 1977 on the G. T. Road in village Kazipur, P. S. Puramukti, District Allahabad. K. Tejia, the victim of the accident, was the daughter of the claimants-appellants. She was going on foot by her left side when she was hit by car UTE No. 5545 due to rash and negligent act of driver of the car.