R.K.GAUBA, J.

1. The insurance company is in appeal against the judgment dated 03.12.2013 of the motor accident claims tribunal (the tribunal) in claim petition under Sections 166 and 140 of the Motor Vehicles Act, 1988 (the MV Act) registered as suit no.411/2010 raising issues with regard to the computation of compensation awarded in favour of the claimants (first to fourth respondents) and also non-consideration and consequent denial of recovery rights against the insured (second respondent), the owner of tanker bearing registration no.HR-46C-4844 (the offending vehicle).

2. The claim petition was filed on 07.03.2011 seeking compensation on account of death of Vinod Nagar in a motor vehicular accident that occurred at about 11:30 PM on 19.10.2010 involving collision between his motorcycle bearing registration no.UP-14X-1606 and the offending vehicle in the area of Cattle hospital village Palla, Molarband Extension Badarpur, Delhi. The tanker concededly was driven at the time of accident by the fifth respondent who was also impleaded as a party respondent before the tribunal.

3. The claimants proved during inquiry that the deceased was born on 10.04.1976. Since the accident