- The teacher suffered a head injury, spinal injuries and deep facial cuts.
- She later developed epilepsy, memory problems, chronic pain and permanent facial scarring.
- The Road Accident Fund must also cover her legal costs, while her contingency fee agreement was declared invalid.
A Mpumalanga teacher who developed epilepsy, memory loss and permanent facial scars after a road crash has been awarded R1.35 million in general damages, with the court finding her injuries had permanently affected her quality of life.
The Road Accident Fund argued for R600,000 to R850,000 in damages, but Acting Judge G Shakoane found this would under-compensate her.
Crash left teacher with lasting injuries
Tinyiko Phylicia Chauke was 46 when she was injured on 25 July 2021 while travelling as a passenger near Kiepersol, Mpumalanga. A tyre came off a truck and hit the car’s windscreen. Chauke suffered a head injury, deep cuts above both eyes, and multiple facial lacerations. She was unconscious after the crash and was treated at Kiaat Hospital and Akeso Clinic in Mbombela.
Chauke, a teacher at Nkomazi High School, kept working but was left with chronic headaches, neck and back pain, memory loss, depression and epilepsy. Medical evidence showed she had trouble concentrating, walking, and standing for long periods. She could no longer jog and needed help with some household tasks.
Her facial scars are permanent and have affected her confidence, causing social and professional embarrassment, including teasing by learners at school.
Fund challenged extent of injuries
The Road Accident Fund accepted full liability and agreed to pay R883,470 for past and future loss of income, and to cover future medical costs.
The remaining dispute in the High Court in Mbombela was about general damages. Chauke’s counsel, Ms Sathekge, argued for R1.6 million in damages. The Fund’s counsel, Mr Siliga, said R600,000 to R850,000 was more appropriate. Siliga also claimed Chauke may have had epilepsy and depression before the crash and suggested she exaggerated her injuries.
Acting Judge G Shakoane rejected the argument about pre-existing epilepsy, noting hospital records showed no such diagnosis. He found her post-accident condition was consistent with injuries recorded by the hospital and experts, and accepted the crash likely worsened her depression.
The judge said Chauke’s injuries led to a permanent and substantial loss of enjoyment of life. He found the Fund’s offer was too low, but R1.6 million was too high compared to similar cases. He awarded her R1.35 million in general damages.
Contingency fee agreement declared invalid
The judgment also raised issues with Chauke’s agreement with her attorneys. Judge Shakoane noted the contingency fee agreement was not initially on file and was only produced after the Registrar requested it.
He found the agreement failed to comply with Sections 2 and 3 of the Contingency Fees Act. It did not clearly state which proceedings it covered or explain how amendments would be handled. One clause referred to “Clause 5.1”, even though none existed, and another was unclear about the attorneys’ fees, referring both to a 25% fee and a fee based on the attorney-and-own-client tariff plus 100%.
Judge Shakoane declared the agreement invalid from the start. The fund was ordered to pay Chauke R1.35 million into her attorneys’ trust account and cover her legal costs. The issue of her past medical expenses was postponed indefinitely.
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