BADAR DURREZ AHMED, J

1. The plaintiff has prayed for a decree of ` 2,00,00,000/- (rupees two crores) by way of damages as also interest at the rate of 18% p.a. on the said amount from the date of presentation of the plaint till actual payment. The plaintiff has made the said claim on the basis of an incident which happened on 05.05.1978 in the swimming pool of Akbar Hotel which was managed and maintained by the defendant —

India Tourism Development Corporation Limited. The plaintiff, who was staying in the said hotel along with her parents and brother, was injured in the said swimming pool as a result of which she became a quadriplegic. According to the plaintiff, the injury which had been caused to her was on account of the negligence on the part of the defendant in the maintenance of the swimming pool. Insofar as the defendant is concerned, while the fact that the plaintiff received the injury on 05.05.1978 in the said swimming pool is not denied, it has been contended that the injury was a result of the plaintiff‘s own negligence and the defendant cannot be held liable for the same.

2. Briefly put, the case hinges upon three facets. The first being that according to the