( 1 ) THIS is a reference by the division Bench on the following question on account of conflicting decisions between two Division Benches of this court: whether the fracture of bones in a motor accident can be called privation of any member or joint and whether fracture of a bone simpliciter (without there being any permanent impairment or any weakness of body on account of it), would amount to a permanent disability within the meaning of 'permanent disability' defined under section 142 of the Motor vehicles Act, 1988?

( 2 ) SECTION 142 of the Act is reproduced below:"permanent disablement. For the purposes of this Chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving (a) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or (b) destruction or permanent impairing of the powers of any member or joint; or (c) permanent disfiguration of the head or face. "

( 3 ) IT may be mentioned that section 142 of the Motor Vehicles Act (hereina