Death of – Liability of Insurance Company -- A decision to get discharged even against medical advice at the terminal stage of life shall not be likened to an invitation to be assisted suicide -- It is embracing dignity in death – It will not exculpate a tort feasor or a person who is bound to indemnify to make possible a plea that the patient ought to have taken treatment -- A right not to get treated is just as well a significant right to a patient as a right to be treated -- A dilemma that a court might face, when approached whether the patient shall be allowed to die by withdrawal of life support is quite different from a patient expressing desire not to be treated -- In the former, it is broaching issue of passive euthanasia and in the latter, it is an issue of patient autonomy -- Former grapples with legal uncertainty and still debatable, however in the latter, there is no ambiguity; it is beyond debate – Ultimate decision making the insurer liable is therefore inevitable.
(P&H HC) Decided on: 18.05.2016