JUDGMENT - P.B. SAWANT, J.:---The question referred to us by the Division Bench is as follows :---

"Whether a private road or a private place to which the public have a permissive access would be the 'public place' within the meaning of section 2(24) as well as used in section 95 of the Motor Vehicles Act, 1939?"

The facts which give rise to the question may briefly be stated for the correct appreciation of the question as well as the answer that we propose to give. The deceased Pradeep alias Pradyumna Fulshankar Kapta was working as a Sales Engineer in a company called W.G. Forge and Allied Industries Ltd., Thane. At the relevant time he was on duty at Pune and was looking after the work entrusted to him by the company. As a part of his duty, he was required to visit various factories and on February 27, 1981 he visited the factory of the second appellant, namely Tata Engineering and Locomotive Company Ltd., situated at Pimpri-Pune, herein after referred to as "TELCO". He had gone to the factory on his scooter. There he met one Niloba Rane and after finishing their work both of them left the factory-building with the deceased driving the scooter and Rane on its pillion seat. They mo

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