Legal heirs can be held liable to the extent of the estate inherited, rules Supreme Court
In a landmark judgment, the Supreme Court of India has elucidated the legal stance on the liability of a deceased doctor's estate in cases of alleged medical negligence. The judgment, delivered by a bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar, addressed the nuanced application of the maxim "actio personalis moritur cum persona," which translates to "a personal right of action dies with the person."
The case concerned Dr. P.B. Lall, who was accused of medical negligence. During the pendency of the revision petition, Dr. Lall passed away, raising the question of whether his legal heirs could be substituted into the proceedings and held liable for his alleged negligence. The Supreme Court held that legal heirs could be substituted and made parties to the proceedings, but their liability would be limited to the extent of the estate inherited from the deceased doctor.
The judgment underscores the principle that while personal claims for injuries abate upon the death of the alleged wrongdoer, claims for pecuniary losses to the estate can survive and may be pursued against the legal representatives. The Court clarified that the right to sue must survive for the legal representatives to be substituted, and this determination hinges on the nature of the claim-whether it pertains to personal injury or pecuniary loss to the estate.
The case has been remitted to the National Consumer Dispute Redressal Commission (NCDRC) to adjudicate the claims based on these principles. The judgment also recognized the evolving nature of common law and statutory modifications in India, which have adjusted the application of the maxim to ensure that justice is served in cases where pecuniary losses have been suffered by the estate of the deceased.
Statutory provision(s): Consumer Protection Act, 1986, Section 13(7); Indian Succession Act, 1925, Section 306; Code of Civil Procedure, 1908, Order XXII
Kumud Lall v. Suresh Chandra Roy (Dead), (SC) : Law Finder Doc id # 2892777
