Legal Analysis: Kumud Lall vs. Suresh Chandra Roy (Dead) Through LRs & Ors

Citation: 2026 INSC 443
Court: Supreme Court of India
Bench: Justice J.K. Maheshwari and Justice Atul S. Chandurkar
Date of Decision: May 4, 2026
Nature of Judgment: Civil Appeals under Article 136 against NCDRC orders allowing substitution of legal heirs of a deceased doctor in a medical negligence revision petition.

Synopsis of the Judgment

A medical negligence complaint was filed against Dr. P.B. Lall. The District Forum awarded compensation; the State Commission reversed, holding no negligence proved. The complainant filed a revision before NCDRC. During its pendency, Dr. Lall died. NCDRC allowed substitution of his legal heirs (wife and son), rejecting their plea to drop their names. The Supreme Court analyzed whether a claim for medical negligence survives against the legal heirs of a deceased doctor. It held that under Section 306 of the Indian Succession Act, 1925, personal injury claims abate upon death, but claims for or against the estate (pecuniary loss) survive. Since the doctor died during an appeal where no final decree existed against him (the State Commission had exonerated him), the “right to sue” survives only to the extent of claims that can be enforced against his estate. NCDRC had misapplied the maxim actio personalis moritur cum persona. The Court set aside the impugned orders, restored the revision petition, and remitted it to NCDRC to adjudicate only the surviving claims (pecuniary loss to the complainant’s estate) within six months.

1. Basic Information of the Judgment

Field Details Case Title Kumud Lall vs. Suresh Chandra Roy (Dead) Through LRs & Ors. (with connected appeal) Civil Appeal Nos. Arising out of SLP(C) Nos. 33646-33647/2018 and 33648-33649/2018 Bench Justice J.K. Maheshwari and Justice Atul S. Chandurkar Date of Decision May 4, 2026 Citation 2026 INSC 443 Appeal From Orders of NCDRC dated 26.05.2010 (substitution) and 24.05.2018 (dismissal of review)

2. Legal Framework

Laws Involved:

• Indian Succession Act, 1925: Section 306 (survival of demands and rights of action)

• Code of Civil Procedure, 1908: Order XXII Rules 2, 4, 11 (substitution on death)

• Consumer Protection Act, 1986: Section 13(7) (applicability of Order XXII)

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