KAMAL KUMAR JAIN Vs. TAZUDDIN

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.) It may be mentioned that section 142 of the Motor Vehicles Act (hereinafter, referred to as 'the Act') is exclusively for the purposes of Chapter X of the Act for interim compensation for no fault liability under section 140 of the Act.