JUDGMENT :

1. The present First Appeal is preferred by the Insurance Company, being aggrieved and dissatisfied with the judgment and award dated 11.11.2009 passed by the Motor Accident Claims Tribunal (Aux.), by which, the Tribunal has directed the appellant to pay the Rs.6,67,252/- with cost and interest of 7.5% p.a. from the date of application.

2. Brief Facts of the case are as under:-

2.1 On 21.05.2005 at about 9 p.m., Mr. Kanubhai Parmar, while going on his scooter bearing registration No. GJ-6-KK-2503 met with an accident with Motorcycle bearing registration No. GJ-6-BE-4040, that was being driven on wrong side, without blowing any horn and without giving any signal. It was head on collision, due to that accident, deceased-Kanubhai Parmar fell down and taken to the Unity hospital, Vadodara. On 26.05.2005, after getting medical treatment, he scummed to the injuries in the hospital. Therefore, the FIR was filed against opponent No. 1. As per the claim petition, deceased-Kanubhai-Parmar was 40 years old at the time of the accident, working as Supervisor in Yash Construction Company and earning 4,000/- p.m. As per the claimant, they have spent Rs.1,30,000/- for treatment of deceas