Accident-- Functional Disbaility-- Percentage Of Permanent Disability Does Not Cap Functional Disability In Intellectual Impairment Cases
Functional disability in motor accident claims may be assessed at 100% even where medical assessment of permanent disability is lower, if the injured person is rendered incapable of independent life due to intellectual disability. Medical assessment of permanent disability does not conclusively determine functional disability for the purpose of compensation under the Motor Vehicles Act. The multiplier method, not a lump-sum approach, is appropriate where lifelong impairment affects earning capacity and independence.
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