JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 10.12.2009, made by the Motor Accident Claims Tribunal-II, Solan, camp at Nalagarh, H.P. in MAC Petition No. 4-NL/2 of 2008, titled Smt. Krishna Sharma and another versus Shri Gulzar Singh and others, for short “the Tribunal”, whereby compensation to the tune of Rs.4,35,000/- alongwith interest @ 12% per annum was awarded in favour of the claimants and insurer came to be saddled with the liability, hereinafter referred to as “the impugned award”, for short. 2. The claimants, driver and owner have not questioned the impugned award on any ground. Thus, it has attained finality so far as it relates to them. 3. The insurer has questioned the impugned award on the grounds taken in the memo of appeal. 4. Claimants had sought compensation, as per the breaks-ups given in the claim petition, which was resisted and contested by the respondents and following issues came to be framed. (i) Whether the death of Hitesh was caused on account of rash and negligent driving by the respondent NO.2, as alleged? OPP (ii) In case issue No.1 is proved in affirmative as to what amount of compensation the petitioner is entitled to and from whom? OPP (iii) Whether the vehicle at the time of accident was under valid insurance, if so its effect thereof? OPR (iv) Whether the driver was not holding a proper and valid driving licence, if so, its effect thereof? OPR- 3. (v) Whether the vehicle was being driven plied in violation of the terms and conditions of the policy, if so, its effect thereof? OPR (vi) Relief 5. Parties have led the evidence. 6. Claimants have examined PW1 Dr. M.R. Verma, PW2 Ashok Kumar, PW3, Hakam Singh and PW4 Kumar Kaushik. The respondent examined RW1 Praman Preet Singh. 7. The learned counsel for the appellant has not questioned the findings returned on issues No. 1, 3 and 4. Thus, the findings returned on these issues are upheld. 8. The learned counsel for the appellant has addressed the arguments viz-a-viz issues No. 2 and 5. According to him, the appellant has proved that the vehicle was being driven in breach of the terms and conditions of the route permit. There is nothing on the file which can be made the basis for holding that the vehicle was being driven in breach of the permit. According to him, the appellant has proved that the vehicle was being driven in breach of the terms and conditions of the route permit. There is nothing on the file which can be made the basis for holding that the vehicle was being driven in breach of the permit. It was for the insurer to lead evidence to prove that the vehicle was being driven in breach of the insurance policy or in violation of the mandate of Sections 147 and 149 of the Motor Vehicles Act, for short “the Act”. The Tribunal has discussed all these issues in paras 11 to 13 of the impugned award, need no interference. 9. It was for the insurer to plead and prove by leading positive evidence that the owner has committed willful breach. As discussed hereinabove, neither there is any evidence on the file nor it is proved. 10. Admittedly, it is proved that the deceased was 40 years of age at the time of accident and the claimants have lost source of hope and help. The amount awarded cannot be said to be excessive rather it is adequate. But the interest awarded is on the higher side. It should have been @ 7.5% per annum. 11. Having said so, the impugned award is modified by providing that the claimants are entitled to compensation awarded by the Tribunal but with interest @ 7.5% per annum from the date of claim petition till its realization. 12. Accordingly, the impugned award is modified as indicated hereinabove. The Registry is directed to release the awarded amount in favour of the claimants, through payees’ cheque account or by depositing the same in their bank accounts, strictly in terms of the conditions contained in the impugned award, and excess amount, if any, be refunded to the insurance company, through payees cheque account. 13. The appeal stands disposed of accordingly. 14. Send down the record forthwith, after placing a copy of this judgment.