Madhya Pradesh High Court

Claims Tribunal must allow partial disbursement of compensation despite pending appeal upon showing financial hardship.

Smt. Bharti Jatav and Others v. National Insurance Company Ltd. [2026:MPHC-GWL:7237]

Madhya Pradesh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners/claimants were awarded compensation of Rs. 21,99,840/- by the Claims Tribunal, Gwalior, following the death of Balwant, the family's sole breadwinner.

Source reference: para. 2, 3

The respondent-Insurance Company challenged this award in M.A. No. 558/2025.

Source reference: para. 2, 3

While an initial interim order for 50% disbursement was vacated on 05/03/2025, a total of Rs. 24,30,819/- remained deposited with the Tribunal.

Source reference: para. 2, 3

The petitioners filed an application (Ex. M.J.C. No. 42/2025) before the II District Judge, Dabra, seeking premature disbursement of the FDRs to fund a family marriage and alleviate financial hardship.

Source reference: para. 1, 3

The Tribunal rejected the application on 14/10/2025, leading to the current challenge under Article 227 of the Constitution.

Source reference: para. 1
02

Issues

1. Whether the learned Claims Tribunal committed a legal error in rejecting the application for premature disbursement of the deposited compensation amount.

Source reference: para. 3

2. Whether partial disbursement of the award is permissible while a miscellaneous appeal against the original award is still pending.

Source reference: para. 5
03

Law Applied

The court exercised its supervisory jurisdiction under Article 227 of the Constitution of India.

Source reference: para. 1

The court applied the principle of balancing the immediate financial needs of claimants (especially in cases of the death of a sole breadwinner) against the need to protect the interests of the Insurance Company during a pending appeal by requiring undertakings for refund and maintaining partial deposits in Fixed Deposit Receipts (FDRs).

Source reference: para. 5, 6
04

Reasoning

The Court found that the petitioners faced genuine financial hardship due to the loss of their sole breadwinner and the upcoming marriage of petitioner No. 3.

Source reference: para. 3

It observed that the Claims Tribunal failed to provide "cogent reasons" for rejecting the disbursement application.

Source reference: para. 3

To reconcile the competing interests, the Court determined that the "ends of justice" would be met by allowing a 50% release of the deposited funds.

Source reference: para. 5

This was balanced by requiring major claimants to provide a legal undertaking to refund the amount if the Insurance Company's appeal (M.A. No. 558/2025) eventually succeeds, and by ensuring that the remaining 50% and the shares of minor claimants remain secured in nationalized bank FDRs.

Source reference: para. 6
05

Holding

The High Court set aside the impugned order dated 14/10/2025 and allowed the petition in part.

The Court ordered: (i) the release of 50% of the deposited amount to the petitioners according to the original award's apportionment; (ii) that major claimants must furnish an undertaking to refund the amount if the appeal is successful; (iii) that the shares of minor claimants must remain in FDRs; and (iv) that the remaining 50% of the total deposit shall stay in FDRs pending the outcome of M.A. No. 558/2025.

Source reference: para. 6

No order as to costs was made.

Source reference: para. 6
Madhya Pradesh High Court

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Smt. Bharti Jatav and Others v. National Insurance Company Ltd. [2026:MPHC-GWL:7237]

Madhya Pradesh High Court · no citation

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