Master Akash Somnath Kamble(Minor) Thr.Natural Guardian Applicant No.2 I.E His Father And ANR. v. Magma Hdi General Insurance Co.Ltd
LSP 1 6 ia 11501.25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION Interim Application No.11501 of 2025 In First Appeal No.186 of 2025 Mast. Akash Somnath Kamble and others ...
Applicants In the matter between Magma HDI General Insurance Co. Ltd.
...
Appellants v/s.
Mast. Akash Somnath Kamble and others ...
Respondents Mr. Raufa Shaikh i/b. Yuvraj Narvankar Advocate for the Applicant in IA and Respondent in FA.
Mr. Pandit Kasar Advocate for Respondent in IA and Appellant in FA.
Digitally signed by SEEMA KSHITIJ YELKAR Date:
2025.09.23 18:49:31 +0530 SEEMA KSHITIJ YELKAR CORAM : S.M. MODAK, J DATE : 15th September 2025.
P.C. :
Heard learned Advocate for the claimants and learned Advocate for the Insurance Company. The first appeal and pending interim application is taken on Board.
2.
The M.A.C.T. Tribunal, Pune as per the Award dated 29th August 2024 has awarded compensation of Rs.4,94,633/- to be paid to the minor victim through his guardian-father. One Bhagwan
LSP 2 6 ia 11501.25.doc Chorghe is the owner of offending truck whereas victim-Akash was a pillion rider on a two wheeler. The offending truck gave a dash to the two wheeler and that is why Master Akash sustained injuries. According to Mr. Kasar, the impugned Award is unreasoned award and there is no justification given by the learned Member for granting compensation under different heads.
Whereas according to learned Advocate for the claimants, the father is badly in need of money. Victim was admitted in hospital on 22nd March 2022. He submitted that the Driver of the offending truck also gave dash to other vehicles and there are appeals arising out of the Award of the Tribunal and they are referred to mediation through this Court. Even this matter can also be referred to mediation but it is true that the claimants need to be given some amount. The submission made by Mr. Kasar can be considered, if mediation will fail. It is submitted the entire awarded amount alongwith interest is deposited as directed in the order dated 20th January 2025.
3.
In view of that following order is passed:
ORDER
1) The claimant-Somnath Kamble is permitted to withdraw Rs.2 lacs.
2) By consent the matter may be referred to mediation and mediation be conducted alongwith connected appeals bearing
LSP 3 6 ia 11501.25.doc First Appeal No.1554/2025.
3) Interim Application is disposed of.
4.
The first appeal be listed on 15th October 2025 for further 'Directions'.
(S.M. MODAK, J.)