Three Judges will hear the case deemed the most important yet, dealing with the non-payment of claims by the Road Accident Fund as well as the plight of the cash-strapped entity. The full article can be read here
January 6, 2021

In the case of Coetzee N.O obo Komane v Road accident Fund, the issue in contention related to general damages

In the case of Coetzee N.O obo Komane v Road accident Fund, the issue in contention related to general damages. The RAF had rejected general damages on the basis that the injuries sustained by the Plaintiff was not of a serious nature. Consequently, the matter was referred to the HPCSA and the HPCSA made a finding that the Plaintiff’s injuries are of a serious nature and therefore she deserves compensation.

The Plaintiff sustained a fracture of the nasal bone, lacrimal bone and cribriform plate. She was treated with sutures, analgesics and x-rays and was discharged the same day. She was operated three times after the accident due to the accident-related injuries. All three operations to the right orbit and right nostril were unsuccessful.

Judge J Mogotsi stated, that in his view the Plaintiff was severely injured as a result of the accident. This was also confirmed by the HPCSA. She has a fracture of the nasal bone, she had poor vision of the right eye, she has a permanent scar on plastic and reconstructive surgeon is of the view that no further intervention will be successful. Consequently, they are permanent, she lost hearing, she is uneducable and unemployable.

It was ordered that the Road Accident Fund pay the Plaintiff an amount of R1 600 000.00 for general damages.

The full case can be read here: http://www.saflii.org.za/za/cases/ZAGPPHC/2020/295.pdf