The Mpumalanga High Court in Mbombela has ordered the Road Accident Fund (RAF) to pay a Bushbuckridge restaurant worker R1.7-million.
The award was granted as restitution for the severe injuries and loss of income that the woman suffered following a taxi accident six years ago.
The court ruling marks a significant victory for the woman, who has faced years of physical and mental strain stemming from the crash.
In 2018, the woman, whose name is known to Sunday World, was a cashier at Debonairs Pizza, a fast-food outlet, when she was involved in a devastating taxi accident while travelling to work.
She was four months pregnant when the taxi driver lost control and caused the vehicle to overturn.
Her injuries included a mild traumatic brain injury, soft tissue damage to her right wrist and leg, and chronic back pain.
The injuries severely impacted her ability to perform her duties at work, forcing her to rely on pain management and physical support.
The plaintiff’s injuries continue to affect her ability to work, remember things, and maintain her physical endurance, according to acting judge Msibi, who claims that the accident has irreparably changed the woman’s life.
Expert testimonies
“The plaintiff’s loss is significant,” stated Msibi.
“She will not be able to compete fairly in the open labour market. Her career opportunities are now severely limited.”
The ruling followed a thorough review of expert testimonies from an orthopaedic surgeon, a neurosurgeon, and an industrial psychologist, who corroborated the victim’s claims of ongoing physical and mental distress.
The experts underscored the long-term consequences of the woman’s injuries.
Dr Katleho Matekane, an orthopaedic surgeon, reported that while her soft tissue injuries had largely healed, she would likely continue to experience chronic back pain and pain in her wrist.
Additionally, Dr Mfundo Mkhonza, a neurosurgeon, confirmed that the victim suffered a mild traumatic brain injury.
This led to lasting cognitive impairments, including memory loss and diminished concentration.
The court noted that despite her physical challenges, she returned to work as a cashier after the accident, but her ability to perform even basic tasks, such as standing for prolonged periods or handling heavy objects, was severely compromised.
Capacity to work
Occupational therapist Dr Sagwati Sebapu noted that her reduced physical capacity would continue to hinder her ability to secure better employment opportunities in the future.
Her pre-accident income averaged between R2 900 and R3 200 a month, but her post-accident earnings are significantly lower.
“Her capacity to work and earn has been compromised,” remarked Msibi. “The plaintiff’s chances of promotion have been greatly reduced due to her injuries.”
Though the victim initially sought R3.9-million, the final settlement amount was R1.7-million.
Of this, R400 000 was awarded for general damages, while the remainder covered loss of income and future earnings.
“General contingencies must be applied in a case such as this. Although her physical impairments are significant, they must be balanced with the fact that she continues to work in some capacity,” said Msibi.
