Pedestrian Granted R2.6 Million Compensation from RAF

Following a tragic accident, a pedestrian is set to receive R2.6 million in compensation from the Road Accident Fund due to lasting cognitive and behavioral changes.

This compensation addresses both past and future loss of earnings for the man, who was 28 years old at the time of the incident. He was struck by a vehicle while walking on 15 September 2019.

At the time of the accident, the man was working in Stikland as a general worker since 2017, where he assisted in repairing malfunctioning traffic lights that needed new bulbs.

Although he was not permanently employed by the company, his role was full-time, and he was in a six-month probation period when the accident occurred.

Determined to keep his job during 2020, he returned to his employer after recuperating from the accident. However, in February 2021, he experienced an epileptic seizure while at work and was instructed not to return.

A letter was provided to him for claiming from the Unemployment Insurance Fund (UIF).

The court was presented with testimonies from a neurosurgeon, clinical psychologist, and both speech and occupational therapists who evaluated the plaintiff. They unanimously agreed that the severe nature of his injuries and their ongoing permanent effects have rendered him unemployable in any role, making it impossible for him to seek employment again.

These sequelae encompass, among other issues, significant communication difficulties alongside persistent and uncontrollable epileptic seizures.

In the Western Cape High Court, Acting Judge Ncumisa Mayosi granted compensation for past loss of earnings, future loss of income, and general damages.