Right to sue for medical negligence (personal injury) does not survive against legal heirs of deceased doctor unless it affects estate

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Facts
A consumer complaint under the Consumer Protection Act, 1986 was filed alleging medical negligence by Dr. P.B. Lall leading to loss of vision. The District Forum partly allowed the claim, but the State Commission set aside the finding of negligence due to lack of expert evidence.

During pendency of revision before the NCDRC, Dr. Lall died. The complainant sought substitution of his legal heirs. The NCDRC allowed substitution and held that legal heirs may be liable to satisfy any decretal amount from the estate. This order was challenged before the Supreme Court.

Issues Framed
“Whether, upon death of the doctor during pendency of proceedings at appellate stage, the legal heirs can be impleaded and held liable for alleged medical negligence of the deceased doctor? If yes, to what extent?” (Para 23)

Court’s Reasoning

(a) The Court held that survivability of proceedings depends on whether the “right to sue survives,” which is governed by substantive law, not merely procedure under Order XXII CPC (Para 39).

(b) Referring to s. 306 Indian Succession Act, 1925, the Court emphasized that causes of action for “personal injuries not causing death” do not survive to legal representatives (Para 48).

(c) The maxim actio personalis moritur cum persona applies to torts like personal injury unless the wrong affects the estate or results in gain to the wrongdoer’s estate (Para 26, 51).

(d) The Court distinguished between:

  • purely personal claims (which abate), and
  • claims involving pecuniary loss to estate or benefit to wrongdoer’s estate (which may survive).

(e) It held that medical negligence claims are fundamentally personal tort claims, and unless they translate into estate-related liability, they do not survive against legal heirs (Paras 51–52).

(f) The Court clarified that procedural provisions under s. 13(7) Consumer Protection Act, 1986 and Order XXII CPC cannot override substantive law under s. 306 Indian Succession Act, 1925 (Paras 34–39).

Held
Legal heirs of a deceased doctor cannot ordinarily be held liable for medical negligence claims (personal injury) after his death, except to the extent such claims affect or are recoverable from the estate.

Ratio
In claims for medical negligence, being personal torts, the right to sue does not survive against legal representatives under s. 306 Indian Succession Act, 1925, unless the claim relates to pecuniary loss to or benefit of the estate

Case Details
Citation: 2026 INSC 443
Decided on: 2026
Case Title: Kumud Lall v. Suresh Chandra Roy (Dead) through LRs & Ors.
Court: Supreme Court of India
Bench: J.K. Maheshwari, J.