Accident--Functional Disability -- It Must Be Assessed With Reference To Claimant's Specific OccupationAppellate Courts Must Record Cogent Reasons Before Reducing Disability Percentage Awarded By MACT
Assessment of functional disability for computation of loss of earning capacity under motor accident compensation law must be based on realistic appraisal of the injury's impact on the claimant's specific occupation and not merely on certified physical disability percentage. Appellate courts interfering with findings of the Motor Accidents Claims Tribunal — a body operating under beneficial and welfare-oriented legislation — must record cogent reasons supported by independent analysis of medical evidence. Abrupt reduction of disability percentage without such reasoning amounts to presumption and assumption, unsustainable in law.
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