Jha, J. -- 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 heating 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