S.K. Dubey, J.--1. This appeal under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') arises out of an order passed on 6th December, 1994, in Claim Case No. 71/92, by the Motor Accidents Claims Tribunal, Hoshangabad, whereby the application under section 140 of the Act, for grant of quantified fixed amount under section 140 of the Act for the fracture of Right 4th and 5th metacarpals received by the appellant in accident by the use of truck No. MP 04 F 8405 was dismissed holding that appellant has not suffered permanent disability as defined in section 142 of the Act.

2. The appeal came up for hearing before R.P. Awasthi, J. who did not concur with the view taken by D.M. Dhannadhikari, J. in Mahendra Prasad Mishra v. Mohammad Sabbir and another (1994 ACJ 942) that fracture of bones in a motor accident can be called "privation of any member or joint". Awasthi, J. was of the opinion that the words "privation of any member or joint" appearing in clause (a) of section 142 means loss of any member or joint, therefore, referred the case before the Hon'ble the Chief Justice to constitute a bench of two Judges for deciding the following question:

"Whether fracture of