New Delhi: The Supreme Court on Monday held that legal heirs of a doctor facing allegations of medical negligence can be impleaded and proceeded against even after the doctor's death.

A bench of Justices J K Maheshwari and Atul S Chandurkar answered a question of law in a more than three-decade-old consumer dispute.

The case pertains to a doctor, now deceased, who operated on a woman in 1990, following which she allegedly lost vision in her right eye.

The court clarified that under the Consumer Protection Act, 1986 (and the 2019 Act), the right to sue does not perish with the death of the alleged negligent doctor.

Going through provisions under Order XXII Rule 4 of the Code of Civil Procedure and various statutes, including English law principles, the bench ruled that legal heirs can be brought on record.

The extent of their liability will, however, be determined based on the pleadings and evidence on record.

The court emphasised that the right to prosecute and the right to defend are interlinked, but the statutory framework under consumer laws permits continuation of proceedings against heirs.

Importantly, the bench limited its ruling to interpreting the existing law and refrained from commenting on whether the policy itself needs change.

The court noted that the decision could have wider ramifications for other tortious claims, including personal injury cases arising from motor vehicle accidents and industrial mishaps.