1. Heard learned counsel for the rival parties. The appeal is against the judgment and order dated 29-03-2011 passed by learned member, Motor accident claim Tribunal2 at Nagpur in Claim application no 605 of 2005 whereby the claim under Section 166 of the Motor Vehicles Act for sum of Rupees Fifteen Lakhs was dismissed.

2. Facts briefly mentioned are:

Mr Prakash Deorao Patil, aged 37 years, was travelling at Bina Tpoint from Bina Sangam by Motor Cycle bearing registration no. MH-31-AT-9769 on 07.01.2005 at about 7.30 p.m. on Road in front of Mahadeo Hedao’s field House. The Motor Tata Sumo bearing Registration No.MH-31-H-2770 gave forcible dash to the motorcycle from behind it. Prakash died as result of the accident. Owner of the offending motor vehicle did not dispute the involvement of the later mentioned Tata Sumo vehicle and fact of the accident (W.S. Exhibit 18 para No.2). The deceased left behind his dependents viz. widow Manisha aged 29 years, son Chaitanya aged 8 years and mother Smt Chandrabhagabai aged 63 years who are claimants of compensation in this case. The owner of the offending motor vehicle is Umakant Marotrao Kolhe and the insurer of the offending Motor v