( 1 ) IN this appeal u/s. 173, Motor Vehicles Act, 1988, for short, the Act, the Award passed by Claims Tribunal under S. 140 is challenged by the Insurer on a short ground. The question is, if it was incumbent on the said Tribunal to apportion or "specify" in the impugned award the "no fault liability" arising out of accident in which two motor vehicles were used so that the entire amount is not required to be paid by the Insurer who is required to discharge that liability of owner of one of the vehicles only.

( 2 ) WHEN the appeal came up for admission, I entertained doubt if it could be admitted as the appellant is required as per S. 173 to make deposit of Rs. 25,000/ - or 50% of the amount awarded, whichever is less. In the instant case, claimant/respondent No. 1 has been awarded Rs. 7,500/ -. Although my attention was drawn to this Court's decision in Jaswant Rao v. Kamlabai, AIR 1990 Madh Pra 354, rendered at the Indore Bench and it was pointed out that the impugned award being passed on 10-1-1989, no deposit need be made as the new Act came into force only from 1-7-1989, I failed to persuade myself to accept the law laid down to be correct. Happily, appellant