07/05/2026
Shouted hoarse for Donkey Years !!!!
I have been saying from umpteen podiums to thousands of deaf ears that the legal heirs will have to pay compensation if the accused doctor dies and hence committing su***de is also not a way out for doctors. Now the world of whatsapp warriors has arisen from the dead and I am inundated with messages to do something about the SC verdict which has simply upheld the law which was in existence since 2002.
The Kumud Lall vs Suresh Chander Roy (Deceased) through LRs of Supreme Court delivered on 4th May 2026 has stirred a hornets nest among doctors. Few however will recall my words in innumerable articles and lectures on indemnity insurance and consumer protection Act etc that this issue will be cause of much heartburn someday. In my article published in medical dialogues about 5 years ago also I had raised this issue.
https://medicaldialogues.in/medico-legal/should-doctors-heirs-renew-their-indemnity-insurance-after-their-death-78127
In a case decided by NCDRC in 2015 against 3 doctors the State Consumer dispute redressal commission had dismissed the complaint against 3 doctors. The matter went in appeal to NCDRC but since Dr Tarun Bedwal had died soon after the order of the District forum, the NCDRC held that SCDRC was not justified in dismissing complaint against Dr Tarun Bedwal without returning a finding that there was no negligence or deficiency on his part in treating the complainant. Since the two surviving doctors only had appealed the decision of the District Commission and no one had represented Dr Tarun Bedwal, the order of District Commission against Dr Tarun Bedwal was restored against the estate / legal heirs.
The issue was well covered both in Consumer Protection Act 2002 Amendment as well as in CPA 2019.
In the event of death of a complainant who is a consumer or of the opposite party the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply. CP Act 1986 (2002 Amendment) Section 13(7)
CPA 2019, Section 38(12) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 shall apply
Order XXII of 1st Schedule of Civil Procedure Code states; —The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.
Since indemnity insurance in India is claim made based and not event based, meaning that insurer which is providing insurance on the day claim was first raised and not the insurers who covered the risk on day of event / surgery. It is established that an ongoing case where decision may not have been taken will require legal heirs to pay any compensation awarded upto the extent of the inheritance received from the deceased doctor. There are a few issues which remain to be clarified
1) Since a case can be filed many years later, Can a doctor’s legal heirs be sued after death of a doctor for alleged negligence of the doctor.
2) If so then Do insurers sell indemnity insurance for a deceased doctor even if legal heirs are willing to pay for the same.
Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; [email protected], [email protected] [email protected]
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup
A non profit trust registered at Chandigarh by a group of allopathic doctors from all over the country who wish to legally engage the Govt of India regarding its various policies concerning medical profession, training, working conditions.