JUDGMENT

N.J. Jamadar, J. - This appeal is directed against the judgment and award dated 12th October, 2007 passed by the learned Member, MACT, Mumbai (Tribunal) in MACP No. 288 of 1996 whereby the claim of the appellant came to be partly allowed by awarding compensation of Rs. 3 lakhs inclusive of compensation awarded under section 140 of the Motor Vehicle Act, 1988 (MV Act, 1988), along with interest at the rate of 7% p.a. from 1st January, 2006 rill realization.

2. The background facts leading to this appeal can be stated, in brief, as under:-

a] The appellant/applicant was working as a Loader (Hamal) with Ruby Tempo Transport Services. On 11th May, 1995 the applicant, along with two more loaders, was traveling in a tempo bearing No. MH-04-C-1498, loaded with powder. The said tempo was owned by opponent No. 1 and insured with opponent No. 2-insurer. The tempo was proceeding towards Goregaon. Asif was at the wheel of the said tempo. The applicant and other two loaders were sitting in the cabin. The driver drove the vehicle in an extremely rash and negligent manner, despite cauti