ORAL JUDGMENT

1. The present appeal is filed by the Insurance Company challenging the impugned judgment and award passed by the Motor Accident Claims Tribunal (Auxi.), Surat dated 31.07.2009 below Exh. 57 in MACP No. 687 of 1993, whereby the Tribunal has awarded a sum of Rs. 2,37,600/- with interest at the rate of 7.5% p.a. from the date of the claim petition till the date of realization to the respondents No. 1 to 7.

2. The brief facts of the present case are as under.

2.1 On 19.12.1990, the deceased Yusufbhai Daud Ibrahim was going to highway from Kausama village in his truck bearing registration No. GJ-16-T-6621, dashed with the other vehicle. It is the case of the complainant that the deceased head-on collision between two trucks and because of that accident, the deceased was died due to serious injuries sustained by him.

3. Learned advocate for the appellant has submitted that the Tribunal has committed an error while appreciating the evidence of eye witness namely cleaner of the truck wherein the deceased was the driver. It is also further contended that the Tribunal has committed an error by awarding interest at the rate of 7.5% per annum from the date of the claim petition til