Mr. Justice M.B. Shah, President—Can doctors insist and wait for money (fees) when death is knocking the doors of the patient? Obvious answer is recovery of fee can wait—but not the death — nor the treatment for trying to save the life.

2. The case involves unfortunate death of a young boy, Shri Sumanta Mukherjee, a student of second year B. Tech., Electrical Engineering, at Netaji Subhash Chandra Bose Engineering College, on 14.1.2001 who was injured in an accident at about 8.00 a.m. in which a bus of the Calcutta Tramway Corporation dashed with the motor cycle driven by the deceased. The deceased was brought to the Ruby General Hospital, Kolkata, which was close to the place of accident.

3. The sole question that arises for our consideration is whether the doctors in the hospital were deficient in discharge of their duties in not continuing with the treatment after having started giving some treatment to the deceased. It is contended that treatment was not continued because of failure on the part of the persons who brought him to the hospital to deposit Rs. 15,000/-. This resulted in denial of treatment and consequential death of the young boy.

Brief Facts:

4. Complainants are t