R.K.GAUBA, J.

1. Amarjeet Singh, aged 37 years, a driver by profession, died as a result of injuries suffered in a motor vehicular accident which took place on 02-05-2009 in the area of Paschim Vihar, New Delhi. At the time of the accident, he was driving a two wheeler scooter bearing registration no. DL 4S AQ 8595, which was hit by truck bearing registration no. PB 23F 9897 (the offending vehicle) statedly driven in negligent manner by Kulwinder Singh (the sixth respondent herein), who is also its owner, it having concededly been insured against third party risk with the appellant insurance company (insurer) for the period in question. The dependent family members of Amarjeet Singh (first to fifth respondent herein) brought a claim petition under sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) before the Motor Accident Claims Tribunal (the tribunal) on 26-11-2009 whereupon it was registerd as suit no. 52/10 (2009). In the said claim case, the appellant insurance company was impleaded as a party/respondent (second respondent) in addition to Kulwinder Singh (driver-cum-owner).

2. The driver-cum-owner (sixth respondent in the appeal), upon being served with the noti