The Road Accident Fund (RAF) must pay R2,821,312.00 to the family of a young boy who suffered severe injuries after being struck by a vehicle while on his way to school.
The decision was delivered by Judge J Loubser on 15 November 2024 in the High Court of South Africa's Free State Division.
On 16 July 2019, the child was only 8 years old when he was hit by a car in Makwane, Free State, while walking to school. The injuries he sustained, including a concussive brain injury and an occipital haematoma, resulted in long-term consequences that severely affected his quality of life. Now at 13, the boy's future prospects have been left uncertain, as he faces challenges that extend beyond physical recovery.
The case, heard on 13 August 2024, saw him represented by his mother. Initially, the case focused on establishing liability and determining a fair compensation for damages, which was agreed upon before the proceedings, with the RAF accepting full responsibility for the accident. They were set to cover general damages amounting to R600,000.00 and have committed to providing medical treatment in the future.
However, the deliberations turned towards the child’s loss of earnings as an adult due to the accident. Expert testimonies revealed that while he had exhibited cognitive difficulties even prior to the accident—having repeated both Grade 1 and Grade 2—his condition has worsened significantly. Experts indicated that he would require placement in a special education facility designed for children with cognitive impairments, emphasising that he is likely to remain largely unemployable in the future due to the injuries sustained.
During the court proceedings, impressive testimonies from an array of experts, including neurologists, psychologists, and an actuary, illustrated the complexities of his condition both pre-and post-accident. The actuary calculated the potential loss of earnings resulting from his current status, concluding that the net loss attributable to the accident was R2,369,399.00.
While the plaintiff’s counsel sought a 20% contingency deduction based on his pre-accident functioning, the defendant argued for a significantly higher 55% deduction. The court ultimately settled on a 25% deduction, acknowledging that despite the child’s cognitive difficulties, there remained some potential for future employment, particularly with the right support and education.
The RAF has been instructed to process the payments promptly, with a mandate to support ongoing medical care and a structured plan for his educational requirements.
