Dastamma M. Banjara and ors. Vs. Chveer Raju and ors. - Court Judgment

Excerpt:
.....the arbitration act, 1940.thus, the provisions of article 3 of schedule 1 do not apply when an application is filed or appeal is filed challenging an award made under the arbitration act, 1940. thus the provisions of article 3 of schedule i do not apply when an application is filed challenging an award made under the arbitration act, 1940. the question, therefore, that arises for consideration is whether reference to the provisions of 1940 act found in article 3 of schedule i of the bombay court fees act can be said to include reference to the 1996 act. perusal of the provisions of section 8 of general clauses act shows that where by a central enactment any provision of a former enactment is repealed and re-enacted with or without modification then reference in any other enactment to..........the motor accident claims tribunal, mumbai and the rejection of the said application against the insurance company has given rise to the filing of the present petition.2. it is the case of the petitioners that the deceased was a workman engaged in the working on dumper for the purposes of loading and unloading and the accident has occurred during the course of his employment. whereas it is the case of the insurance company that the deceased was travelling as a passenger and. hence the petitioners are not entitled to compensation from the insurance company. it is submitted that there is nothing on record to indicate that the deceased was working as labourer engaged by the owner of the vehicle on the dumper. perusal of the order passed by the m.a.c.t. records a finding that there is.....