R.K. GAUBA, J.

1. The impugned judgment was passed on 12.10.2009 on accident claim case (petition no. 07/09 - original number 477/2008) which was instituted on 28.04.2008 by the first to third respondents on their behalf, and also on behalf of fourth and fifth respondents (all of them collectively referred to herein as the claimants), on account of death of Sanjive Kumar Raghuvanshi in motor vehicular accident that occurred on 25.11.2006. As per the averments in the said case, the deceased was riding on motorcycle bearing registration no. DL-9ST-2326 when at about 11.35 p.m. in the area of H block, Vikaspuri, he lost control over it, the motorcycle striking against a pole resulting in he falling down and sustaining injuries that proved fatal.

2. The motorcycle was owned by the sixth respondent Anil Kumar, he being real brother of the deceased and it was insured against third party risk with the appellant insurance company for the period in question.

3. The claim case was initially presented as one under Section 166 of Motor Vehicles Act, 1988 but midway the proceedings, on the prayer made by the claimants, it was treated as one pressed for compensation under the structured f