Thursday, March 3, 2011

After 33yrs, An Australian swimmer gets Rs1.8cr for injury in hotel pool

NEW DELHI: An Australian swimmer, who became paralysed nearly 33 years ago after slipping in a swimming pool of an ITDC hotel here, was today awarded Rs 1.82 crore compensation by the Delhi High Court which held the hotel management "negligent" and responsible for poor upkeep of the pool.

"It is clear that it was on account of the defendant's (Indian Tourism Development Corporation Ltd) negligence that the floor of the swimming pool was slippery on account of which the injury was sustained by the plaintiff (Susan Leigh Beer)," a bench headed by Justice Badar Durrez Ahmed said.

The bench considered the fact that Susan, who was 17 when the incident had taken place, suffered from Quadriplegic, paralysis of all four limbs -- both arms and both legs--after receiving head and spinal chord injuries during the jump in the swimming pool of Akbar hotel here on the evening of May 5, 1978.

Susan, who was a member of Queensland women's polo team and is now wheel chair-bound, had come to India on a holiday along with her parents and brother.

Considering the plea that she became disabled and suffered mental trauma after the incident, the court said "thus, Susan is entitled to a decree in the sum of Rs 1.82 crore along with simple interest thereon at the rate of 6 per cent per annum with effect from January 22, 1982, till the date of the decree...."

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