A mother has been awarded R6m in damages from the Road Accident Fund (RAF) for severe injuries her child suffered in a vehicle accident five years ago.
The Johannesburg high court agreed with medical experts that, as a result of the child not recovering from the accident, the RAF must pay the amount.
Background
The mother, referred to as “MJ” was driving with her two-year-old young daughter in Vosloorus, Gauteng five years ago when an unidentified vehicle crashed into them, leaving the toddler with severe injuries.
MJ claimed from the RAF, which is a statutory body charged with compensating victims of road traffic accidents, funded by a levy of R2.18/l on the sale of petrol and diesel.
After years of negotiations the RAF agreed to two payments: R800,000 and a further amount to be determined by the high court, based on calculations of earning and education potential that MJ’s daughter lost as a result of the accident.
Medical and psychological experts provided reports to help determine the amount.
The high court’s findings
Johannesburg high court acting judge Mosidi Moleleki evaluated the experts’ views and determined MJ’s daughter had lost about R6m worth of earning and education potential.
Moleleki explained that a neuropsychologist’s report found that “impairments negatively [impact] [the child’s] cognitive, emotional and behavioural functioning. The behavioural and psychological difficulties are likely to worsen as she becomes older. The minor child will not likely show any spontaneous recovery. She is not likely to return to a pre-accident level of mental functioning.”
An educational psychologist’s report detailed the current and past situation for the child. After the accident, the child had to attend a special needs school. The educational psychologists’ report, said Molekeli, “anticipated that the minor will exit the current schooling system with ... an opportunity to enter the Work Experience Programme (WEP) to gain some vocational skills. It is, however, unlikely the minor would become fully independent.”
Molekeli concluded: “I accept that it may not be easy for her to secure employment in future. If she does, it would have to be with an employer who would understand her limitations and be willing to accommodate her shortcomings.” She could not work a physically demanding job, restricting job opportunities, he added.
Molekeli decided to go for a contingency reduction of 35% of the initial calculation of R8m from an actuary report, making the final award about R5m.
Adding in the agreed R500 000, Molekeli ordered that the RAF had to pay a total of about R6m within 180 days. The RAF also had to pay MJ’s legal costs.
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