Case Note & Summary
The case arose from a medical negligence complaint filed in 1997 against Deceased, alleging deficiency in service for an eye operation performed in 1990 that led to loss of vision. The District Forum partly allowed the complaint, awarding compensation. On appeal, the State Commission exonerated Dr. Lall, holding that the loss of vision was due to glaucoma and not negligence. The complainant filed a revision before the National Consumer Disputes Redressal Commission (NCDRC). During the pendency of the revision, Dr. Lall died in 2009. The complainant sought substitution of Dr. Lall's legal heirs (wife and son), which was allowed by the NCDRC. The legal heirs applied to drop their names, arguing that the proceedings had abated as no decree existed against Dr. Lall at his death. The NCDRC dismissed their applications, leading to the present appeals. The Supreme Court examined whether the right to sue for medical negligence survives against legal heirs. The Court held that under Section 306 of the Indian Succession Act, 1925, personal injury actions (except those causing death) do not survive the death of the tortfeasor. Since Dr. Lall had been exonerated by the State Commission and no decree existed against him at his death, the revision petition abated. The Court set aside the NCDRC orders allowing substitution and dismissed the revision petition as abated. The Court emphasized that the maxim 'actio personalis moritur cum persona' applies, and legal heirs cannot be substituted for personal injury claims absent a crystallized liability.
Headnote
A) Civil Procedure - Abatement of Proceedings - Death of Sole Defendant - Order XXII Rules 1, 4, Code of Civil Procedure, 1908 - Section 13(7), Consumer Protection Act, 1986 - Where a doctor died during pendency of revision petition against an order of exoneration, the proceedings abate as no decree existed against him at the time of death - The right to sue for medical negligence is personal and does not survive against legal heirs under Section 306 of the Indian Succession Act, 1925 - Held that substitution of legal heirs was improper and the revision petition stood abated (Paras 1-8, 17-20).
B) Succession Law - Survival of Action - Personal Injury - Section 306, Indian Succession Act, 1925 - The exception for personal injuries not causing death of the party applies to claims for medical negligence, which are personal in nature - Such causes of action do not survive and end with the death of the alleged tortfeasor - Held that the maxim 'actio personalis moritur cum persona' applies, and no proceedings can continue against legal heirs (Paras 10, 17-20).
C) Consumer Law - Medical Negligence - Death of Opposite Party - Section 13(7), Consumer Protection Act, 1986 - Order XXII, Code of Civil Procedure, 1908 - The procedure under Order XXII applies, but substantive law under Section 306 of the Indian Succession Act, 1925 governs survival of action - In the absence of a decree, the right to sue does not survive against legal heirs for personal injury claims - Held that the NCDRC erred in allowing substitution (Paras 12-14, 17-20).
Issue of Consideration
Whether a revision petition against an order exonerating a doctor in a medical negligence claim abates upon the death of the doctor during its pendency, and whether the legal heirs of the deceased doctor can be substituted as parties in the absence of a crystallized decree against the deceased.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned orders of the NCDRC dated 26.05.2010 and 24.05.2018, and held that the revision petition (Revision Petition No. 432 of 2006) stood abated upon the death of Dr. P.B. Lall. The Court directed that no further proceedings be continued against the legal heirs.
Law Points
- abatement of proceedings
- death of party
- medical negligence
- personal injury
- right to sue
- survival of action
- Section 306 Indian Succession Act
- 1925
- Order XXII CPC
- Consumer Protection Act
- 1986
- actio personalis moritur cum persona
Case Details
Civil Appeal Nos. of 2026 (Arising out of SLP (C) Nos. 33646-33647 of 2018) and Civil Appeal Nos. of 2026 (Arising out of SLP (C) Nos. 33648-33649 of 2018)
J.K. MAHESHWARI J. , ATUL S. CHANDURKAR J.
Mr. Varun Kapoor, Ms. Sarvshree, Mr. Umesh Sinha, Mr. Shyam Padman, Mr. Shyam Padman, Mr. Raghenth Basant,
Kumud Lall and Amit Kumar
Suresh Chandra Roy (Dead) Through LRs and Others
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Nature of Litigation
Appeals against NCDRC orders allowing substitution of legal heirs of deceased doctor in a pending revision petition arising from a medical negligence complaint.
Remedy Sought
Appellants (legal heirs of deceased doctor) sought setting aside of NCDRC orders substituting them as parties and dismissal of the revision petition as abated.
Filing Reason
The legal heirs of the deceased doctor challenged the NCDRC's order allowing their substitution in the revision petition, arguing that the proceedings had abated upon the doctor's death as no decree existed against him.
Previous Decisions
District Forum partly allowed complaint, awarding compensation; State Commission allowed doctor's appeal and dismissed complaint; NCDRC allowed substitution of legal heirs during revision; NCDRC dismissed review applications of legal heirs.
Issues
Whether a revision petition against an order exonerating a doctor in a medical negligence claim abates upon the death of the doctor during its pendency.
Whether the legal heirs of the deceased doctor can be substituted as parties in the absence of a crystallized decree against the deceased.
Whether the right to sue for medical negligence survives against legal heirs under Section 306 of the Indian Succession Act, 1925.
Submissions/Arguments
Appellants argued that no decree existed against Dr. Lall at his death, proceedings abated, and right to sue for personal injury does not survive against legal heirs under Section 306 of Indian Succession Act, 1925.
Respondents argued that Order XXII CPC applies, legal heirs represent estate, and liability can be recovered from estate; Section 306 exception should not apply as maxim is unworkable.
Amicus curiae submitted that Section 13(7) of 1986 Act read with Order XXII CPC applies, but substantive law under Section 306 of 1925 Act governs survival; personal injury actions do not survive death of tortfeasor.
Ratio Decidendi
Under Section 306 of the Indian Succession Act, 1925, a right to sue for personal injuries (not causing death) does not survive the death of the tortfeasor. Since Dr. Lall died during the pendency of the revision petition and no decree existed against him at the time of his death, the proceedings abated and could not be continued against his legal heirs. The maxim 'actio personalis moritur cum persona' applies to medical negligence claims, which are personal in nature.
Judgment Excerpts
In the present case, the opposite party had succeeded in appeal, the question remains as to whether on his death during pendency of revision, the right to sue survives or not.
Section 306 of 1925 Act carves out an exception to the transmissibility of right to sue or to be sued, to the executors or administrators of deceased party. The exception being 'personal injuries not causing death of the party', applies to claims, not resulting in death, implying such personal cause of action do not survive and end with the death of the person.
Procedural History
1990: Alleged medical negligence occurred. 1997: Complaint filed before District Forum. 2003: District Forum partly allowed complaint. 2005: State Commission allowed doctor's appeal, dismissed complaint. 2006: Complainant filed revision before NCDRC. 2009: Dr. Lall died. 2010: NCDRC allowed substitution of legal heirs. 2011: Legal heirs filed applications to drop names. 2018: NCDRC dismissed applications. 2018: Appeals filed in Supreme Court. 2026: Supreme Court allowed appeals.
Acts & Sections
- Indian Succession Act, 1925: Section 306
- Code of Civil Procedure, 1908: Order XXII Rule 1, Order XXII Rule 4, Section 151
- Consumer Protection Act, 1986: Section 13(7), Section 22
