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