New Delhi, March 3 (): Susan Leigh Beer, an Australian swimmer, who was paralyzed nearly 33 years ago after slipping in a swimming pool of an ITDC hotel in New Delhi, has been awarded Rs. 1.82 crore compensation by the Delhi High Court.
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.
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.”
In 1978, she suffered injuries in a swimming Pool in Akbar Hotel owned by ITDC. She filed a pauper suit for recovering damages of Rs. 2 crore. She wanted to examine some witnesses in Australia and on 31.1.89, the Court allowed her application for a Letter of Request to C.J. of Supreme Court of Queensland. She then made instant application for an order authorizing her lawyers of Brisbane to apply to Supreme Court, Queensland for giving effect to Letter of Request of 31.1.89 as required by 0. 40 Rr. 43 & 48 of Rules of Supreme Court of Queensland & S. 1 of Foreign Tribunal, Evidence Act, 1956 of Australia.