ABDUL HADI, J.

1. This appeal is by the Insurance Company against the award of the Claims Tribunal in M.C.Op.No. 24 of 1984 for a sum of Rs. 76,800/- in favour of the claimants respondents 1 to 4 herein, who are the legal representatives of the deceased, who died in the motor accident that took place on 10.1.1983 at 6.00 PM. The vehicle involved in the accident is MDB 9318 and it has knocked down the deceased while he was going in a cycle.

2. Only a short question is involved in this appeal. As per the claim of the appellant Insurance Company. Its liability is only limited to Rs. 50,000/-. But the Tribunal below has not apportioned the above said Award amount accordingly. For not apportioning the Award amount, the Tribunal below relies on the decision in Mehta Madan Lal v. National Insurance Co. Ltd. AIR 1983 S.C. 1136 and has held that the owner of the vehicle and the Insurance Company are jointly and severally liable.

3. But, the learned counsel for the appellant argues that in the above said case before the Supreme Court, the award amount itself was Rs. 42,000/- that is, below the above said sum of Rs. 50,000/and that is why there is no scope for apportionment in that c