S. Ravindra Bhat, J.

1. The unsuccessful defendant (i.e. the appellant India Tourism Development Corporation, hereafter called “ITDC”) challenges the judgment and decree of the Learned Single Judge of this court, who had held it liable to the extent of Rs.1,82,00,000/- (Rupees one crore eighty two lakhs) with simple interest thereon @ 6% per annum w.e.f 22.01.1982 till the date of the decree and future simple interest on that amount @ 10% per annum till its realization.

2. The brief facts are that the plaintiff (hereafter “Susan” or “the plaintiff” or “the respondent”) claimed a decree for Rs.2,00,00,000/- (Rupees two crores) as damages and interest @ 18% p.a. on the said amount from the date of presentation of the plaint till actual payment. The claim was on the basis of a swimming pool injury suffered by the plaintiff on 05.05.1978 at (the erstwhile) Akbar Hotel (“the hotel”), managed and maintained by the ITDC. Susan was staying in the hotel with her parents and brother at the time she suffered the injury, which resulted in her becoming a quadriplegic. Susan alleged that the injury was due to the negligence of the ITDC in the maintenance of the swimming pool. ITDC did