Supreme Court to decide: Can negligence case against deceased doctor continue?
Supreme Court of India Representative Image, Doctor's Negligence
The Supreme Court has decided to examine whether a consumer complaint filed against a doctor alleging negligence can be continued even after the death of the medical practitioner.
In view of wide ramifications on the issue, the bench appointed senior advocate R Basanth and advocate Varun Kapoor to assist the court as amicus curiae to consider how the complaint should proceed under the newer Consumer Protection Act, including potential liability of the deceased doctor's estate through legal heirs.
In its order, the court noted that a consumer complaint was filed for negligence of a doctor which was allowed by the District Consumer Disputes Redressal Forum. It was however set aside by the State Consumer Disputes Redressal Commission.
However, during the pendency of revision preferred by the family of the consumer before National Consumer Disputes Redressal Commission, the doctor died. Subsequently, the complainant, the person against whom the negligence has been alleged, has also died.
The matter before the court arose out of a special leave petition filed by Kumud Lall against the order of May 24, 2018 passed by the National Consumer Disputes Redressal Commission.
The Consumer Protection Act, 1986 was in existence on the date of cause of action and was amended later, which is now replaced by the new Act. However, in such circumstances, as per the provisions of the new Act, what would be the fate of the complaint may be looked into.
The court stated it has to be addressed that for negligence by a person, the estate of such person may be liable for compensation through legal heirs.
Considering the issue involved, the case is having wide ramifications. The court deemed it appropriate to appoint senior counsel and counsel to assist the court as amicus curiae.
The court directed counsel for the petitioner to supply relevant documents to Basanth, who may prepare a brief note and file it on or before the next date of hearing.
The court scheduled the matter for consideration on February 3, 2026.
Case details: Kumud Lall vs Suresh Chandra Roy (Dead) Through Legal Representatives & Ors, decided by a bench of Justices J K Maheshwari and Atul S Chandurkar decided on January 13, 2026.