The wife of a diplomat enjoys diplomatic immunity from civil process, and this immunity extends to proceedings before the Motor Vehicle Accident Claims Tribunal.

( 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.

( 4 ) BOTH the cases were coasolidated and on the pleadings of the parties, the following were framed as preliminary issues.

"1. Whether respondent Nos. 1 to 3 enjoy diplomatic immunity and the petition was not maintainable against tn"m ? 2 Whether the embassy is a legal person and the petition against respondent No. 3 is maintainable ? The learned Tribunal came to the conclusion that Mr. Polak enjoyed deplomatic immunity but the same did not extend to his wife.

( 5 ) AGGRIEVED by the said order, the Insurance Company as petitioner No. 1 and Mis. M. Polak as petitioner No. 2, have come to this Court in revision and hive filed two revisions, one against Shri L. V. Kumar and the other against his wife Smt Santosh Kumari and they have reiterated the plea of immunity of Mrs. M. Polk from the process of the Court which they had raised before the Tribunal below.

( 6 ) IN my opinion, the point involved is a short one. Oppenheim in his Treatise on International Law, Volume I, Eighth Edition, 1966 reprint, his laid down in paragraphs 401 and 412 on page 809 and 810 that the individuals accompanying an envoy officially or in his private service, or as members of his family, or as couriers, compose his retinue. The members of the retinue belong, to four different classes and that tha third class of his retinue consists of the members of the family of tha envoy, namely his wife, children and such of his other near relatives as live within his family ind under hi? roof and it is a generally recpgnised rule of international law that all members of a legation are as inviolable and exterritorial as the envoy himself. They must begranted by the receiving State exemption from criminal and civil jurisdiction and they are considered, like the envoy himself, to retain their domicile within their home State Although the wife of the envoy, his children, and such of his near relatives as live within his family and under his roof belong to hie retinue;, there is a distinction to be made as regards their privileges. The wife must certainly be granted all his privilege in so far as they concern inviolability and exterritoriality. the same rules apply to the husband whose wife is an envoy. As regards the children and other relatives, no other gene