JUDGMENT:

1. The appellants – original claimants are before this Court for challenging the judgment dated 07.05.2004 in M. A. C. P. No. 91 of 1996, passed by the learned Motor Accident Claims Tribunal, Jalgaon (hereinafter referred to as “the learned Tribunal). Under the impugned judgment, the learned Tribunal has dismissed the claim of the appellants for getting compensation of Rs. 5,00,000/- on account of death of one Vijaykumar Laxminarayan Dube. Present appellant no.1 is his wife whereas, appellants no. 2 to 4 are his children.

2. It is stated in the Claim Petition that on 31.07.1995, Vijaykumar and Respondent No.4 – Dr. Sanjay Lad were coming to Pimprala from Paldhi on a scooter bearing Registration No. MH-19-D-3933 after having meal. At that time, one blue coloured motor vehicle bearing Registration No. MH-19-4788 of TATA Make, looking like a DCM Toyota, gave dash to the said scooter from back side. In the said accident, Vijaykumar sustained severe injuries and died on the spot. The rider of aforesaid scooter Dr. Sanjay Lad filed complaint against the said Matador type vehicle in Paldhi Police Out-Post and accordingly Crime No. 86/1995 was registered in Dharangaon Police Statio