In Kumud Lall v. Suresh Chandra Roy (Dead) Through LRs and Others, the Supreme Court has clarified that legal heirs of a deceased doctor can be held liable in medical negligence cases under the Consumer Protection Act, but only to the extent of the estate inherited by them.
The judgment was delivered by a Bench comprising Justice JK Maheshwari and Justice Atul S Chandurkar on May 4, 2026. The Court upheld the decision of the National Consumer Disputes Redressal Commission (NCDRC), allowing substitution of legal heirs in ongoing proceedings after the death of the doctor.
The dispute arose from a complaint alleging deficiency in medical services. The State Consumer Commission had ruled in favour of the doctor. The complainant then approached the NCDRC. During the pendency of proceedings, the doctor passed away, leading to a request to implead his legal heirs.
The legal heirs opposed this move, arguing that medical negligence claims are personal in nature and should not survive after the death of the doctor. They relied on the common law principle “actio personalis moritur cum persona,” which suggests that personal actions die with the person.
However, the NCDRC allowed the substitution. The Supreme Court agreed with this approach, observing that Indian law has modified this common law principle through statutory provisions such as the Indian Succession Act, 1925.
The Court referred to Section 306 of the Indian Succession Act, which allows certain causes of action to survive even after the death of a person. It clarified that while personal injury claims that do not affect the estate may abate, claims involving pecuniary loss can continue against the estate of the deceased.
Importantly, the Court emphasised that legal heirs cannot be held personally liable. Their responsibility is limited strictly to the value of the estate they have inherited from the deceased doctor. Any compensation awarded must be satisfied only from such estate.
The judgment also directed consumer fora to first determine whether negligence is established. Once negligence is proven, they must identify whether the claim relates to recoverable estate-based losses or non-survivable personal claims.
“the Claimant has the duty to first establish the negligence of the deceased doctor and the claims on the estate recoverable as per Section 306 of the 1925 Act”, the Court observed.
The Court further laid down key legal principles, including that rights to sue generally survive to legal representatives under Section 306, but claims purely personal in nature may not continue after death.
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