EAGLE STAR INSURANCE COMPANY LIMITED Vs. L V KUMAR

JUDGEMENT

(1.) These two revisions (Civil) Revisions Mos 514 D and 515-D of 1965) have been filed by Eagle Star Insurance Company (respondent before the Tribunal below) under section 115 of the Code of Civil Procedure and are directed against the order oi the Motor Vehicle Accident Claims Tribunal, Delhi dated 22nd July, IS65, by which the learned Tribunal came to the conclusion that diplomatic immunity from civil process of municipal Courts covered the person of the diplomat and did not extend to his wife.

(2.) The brief facts of the case are that the claimant in the Tribunal Shri L. V Kumar was on 11th October, 1964 driving his scooter No. D LN. 7941 when he was involved in an accident with motor vehical No, CD 1427 which was owned by the Embassy of Polish peool Republic in India and it was insured with Eagle Star Insurance Company Limited, petitioner No. 1 before me. The said motor vehicle was allegedly being driven by Mrs. M. Polak, wife of the Ambassador. Shri L. V. Kumar moved an application under section 110-A of the Motor Vehicles Act 1939 for award of compensation amounting to0 60,220.00 on account of damages for injuries caused to him in the accident which is alleged to have occurred on account of the rash and negligent driving on the part of Mrs.Polak. The claim was preferred against Mrs. Polak as well as her husband Mr. Polak A claim under tbe same circumstances was also made by Smt. Santosh Kamari, wife of the respondent Shri L. V. Kumar, for injuries caused to her as she was riding on the back seat of the aforesaid scooter which is the subject- matter of the second revision.

(3.) the defence raised was that Mr. Polak and his wife Mrs. Polak both were immune from the process of the Court.