Dr. T.N. Singh, J. -- 1. For this Bench's opinion are referred, in two separate matters, the following two questions :

M.A. 64 of 1991 :

Whether the Insurer and/or the owner/driver of the offending motor vehicle or vehicles against whom an order of compensation is passed in terms of the provisions of Section 140, Motor Vehicles Act, 1988 has a right of appeal against that order under Section 173 of the Act?

M.M. No. 138 of 1991 :

Whether any appeal filed on or After 1.7.1989, challenging an order of compensation passed by Motor Accident Claims Tribunal in terms of provisions of Section 140 of the Motor Vehicles Act or the final award passed under Section 168 of the Act, can be entertained without the appellant fulfilling the requirement of the provisions contained in Section 173 of the Act of making requisite deposit of the sum contemplated thereunder? Hereinafter, the above questions would be referred to as the first and second question respectively.

2. Parties and also facts of the two matters are different, but for the sake of convenience, we are treating them analogous for answering the questions of law above-referred, both involving the same exercise of interpretation of Secti