Case Law – Road accident fund

CASE LAW

ROAD ACCIDENT FUND

1. Young learner miner, 22 years old at the time of accident, with the following injuries:

  • Left side brachial plexus C4 C7
  • Left shoulder motion deficit
  • Low sensation of left arm
  • Right tibial plateau fracture
  • Right fibula head fracture
  • Right common peroneal nerve palsy
  • Right hip advanced osteoarthritis, with loss of joint space, subchondral cysts and osteophyte formation
  • Extreme severe depression, anxiety and stress levels

Compensation in 2016: R 4 525 146.00

2. Young man aged 17 years at the time of accident, with the following injuries:

  • Severe long term impairment or loss of body functions
  • Severe long term mental disorder
  • Severe long term behavioural disturbance or disorder Traumatic head injury
  • Severe pelvis fracture Flail chest

Compensation in 2017: R 4 789 109.00

CASE LAW

Defendant: MEC department police, roads and Transport Free State Province

Plaintiff: 37 years old underground electrician at date of accident

Injuries: extradural frontal haemorrhage and fracture R occipito-parietal skull. He also had fractured 7,8m, & grib of the right side with a pneumothorax. The patient also had a fracture dislocation R acromio-clavicular joint. He had an intercostal drain inserted. He returned to his usual job as an underground electrician and the mines rescue team

Merits: claim for motor vehicle accident caused by lack of proper signage and road makings 70% apportioned in favour of plaintiff

Compensation: R 5 699 999.82 after apportionment

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