KALURAM RATHORE Vs. NEELAM CHAND KIRAR

JUDGEMENT

(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-

(3.) IN this case, claimant has suffered fracture in a motor Accident and he claimed that he has suffered permanent disability.