G. B. PATTANAIK, J.

( 1 ) AN interesting question of law that arises for consideration in this appeal is whether the road inside the Orissa Secretariat at New Capital, Bhubaneswar can be said to be 'public place' so as to fasten the liability on the insurer of the vehicle under S. 95 (1) (b) (i) of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'act' ).

( 2 ) THE insurer is the appellant who was opposite party No. 3 before the Tribunal. Respondent No. 1 was the claimant in an application filed under S. 110-A of the Act. It was alleged in the claim petition that on 26-2-1983 at 3. 30 p. m. while the claimant was going to his office in the Secretariat and was walking on his left side of the road, the vehicle - a Jeep bearing registration No. ORJ 4715 came from behind with great speed being driven rashly and negligently and dashed him from the back in consequent of which he became unconscious and sustained several injuries. The right leg of the claimant had been fractured and in spite of prolonged treatment, the fractured bones did not unite for which he suffered permanent disablement of his right leg. He made a claim of Rs. 87,000/ -. The owner of the vehicle took the