R.K.GAUBA, J.

1. A claim petition had been filed under Section 166 of Motor Vehicles Act, 1988 (the MV Act) on 18.10.2005 before the motor accident claims tribunal (the tribunal), registered as suit no.06/2008 (2005), seeking compensation on account of death of Naresh Kumar in a motor vehicular accident that occurred on 29.07.2005 at about 07:00 AM in a collision against scooter no.DL-4SAF-2172 (the scooter) driven by him, on one hand, and water-tanker bearing registration no.DL-1GA-0981 (the offending vehicle) on the other hand, in the area of Dabri More, Delhi. The claimants are first to fifth respondents in the appeal at hand. In the claim petition, they had impleaded the driver Sadir Hussain, the first respondent (sixth respondent in the appeal) and Lalit Kumar, owner of the offending vehicle as second respondent (seventh respondent in the appeal). The appellant insurance company was also impleaded (as third respondent) in the claim petition, it concededly having issued an insurance policy in respect of the offending vehicle against third party risk for the period in question.

2. The tribunal, after notice to all the respondents, held inquiry and awarded compensation in