Madhya Pradesh High Court
Insurance LawCivil Procedure and Evidence

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
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 Court. LawLens
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

Original Court PDF

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

Madhya Pradesh High Court · no citation

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment