The Supreme Court has appointed two amicus curiae to assist it in examining a significant legal question concerning the survival of medical negligence claims when both the alleged negligent doctor and the complainant have died during the pendency of proceedings.
The Bench comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar was hearing Special Leave Petitions filed against an order of the National Consumer Disputes Redressal Commission (NCDRC). The matter originates from a consumer complaint alleging medical negligence, which was initially allowed by the District Consumer Disputes Redressal Forum but later set aside by the State Consumer Disputes Redressal Commission. During the pendency of the revision before the NCDRC, the concerned doctor passed away. Subsequently, the complainant also died.
Taking note of these developments, the Court observed that the cause of action arose under the Consumer Protection Act, 1986, which has since been repealed and replaced by the Consumer Protection Act, 2019. The Bench highlighted the need to examine how such cases should be treated under the framework of the new law, particularly when the alleged wrongdoer is no longer alive.
The Court noted that an important issue arises as to whether, in cases of negligence, the estate of the deceased person can be held liable for compensation through their legal heirs. Recognising the broader legal implications of this question, the Bench remarked that the matter has “wide ramifications” and requires a deeper examination of statutory provisions and legal principles.
Accordingly, the Court appointed senior advocate Mr. Raghenth Basant and advocate Mr. Varun Kapoor as amicus curiae to assist in the matter. The petitioner’s counsel has been directed to supply all relevant documents to the amicus, who will prepare and submit a brief note on the issue before the next date of hearing.
The matter has now been listed for further consideration on February 3, 2026, and will be taken up immediately after fresh and bail matters.
Appearances:
For Petitioner(s) : Ms. Sarvshree, AOR; Ms. Somyashree, Adv.
For Respondent(s) : Mr. Umesh Sinha, Adv.; Mr. Gunnam Venkateswara Rao, AOR; Mr. Anil Singh, Adv.; Ms. Shefali, Adv.; Ms. Himani Chhabra, Adv.
