G.S.M obo O.K v Road Accident Fund (2153/2017) [2025] ZAFSHC 29 (6 February 2025)

G.S.M obo O.K v Road Accident Fund (2153/2017) [2025] ZAFSHC 29 (6 February 2025)

The court found that the minor sustained serious injuries including a femur fracture, mild traumatic brain injury, and significant scarring, as confirmed by multiple expert reports. While the plaintiff sought R900,000.00 and the defendant proposed R650,000.00, the court determined that R800,000.00 was a fair and equitable amount for general damages, considering the nature and extent of the injuries, the expert evidence, and comparable awards in similar cases. The court also found it appropriate to appoint a curator ad litem to administer the minor’s affairs, given concerns about the management of the awarded funds and the need to protect the minor’s interests.

Citation
[2025] ZAFSHC 29
Parties
Plaintiff: G.S.M obo O.K.; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 February 2025
Case Number
2153/2017
Procedural Posture
Civil Trial / Quantum Determination (general Damages Only)
Outcome
General damages awarded to the plaintiff in the sum of R800,000.00; appointment of curator ad litem; costs awarded as specified.
Judges
Manye AJ
Legal Topics
Road Accident Claim, General Damages, Curator Ad Litem Appointment, Expert Evidence, Quantum of Damages
Delict Civil Procedure Road Accident Claim General Damages Curator Ad Litem Appointment Expert Evidence Quantum of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

G.S.M obo O.K.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination (general Damages Only)

Legal Issues

  1. 1 What is the appropriate amount of general damages to be awarded to the minor for injuries sustained in the motor vehicle accident.
  2. 2 Should a curator ad litem be appointed to administer the affairs of the minor regarding the damages awarded.

Ratio Decidendi

The court found that the minor sustained serious injuries including a femur fracture, mild traumatic brain injury, and significant scarring, as confirmed by multiple expert reports. While the plaintiff sought R900,000.00 and the defendant proposed R650,000.00, the court determined that R800,000.00 was a fair and equitable amount for general damages, considering the nature and extent of the injuries, the expert evidence, and comparable awards in similar cases. The court also found it appropriate to appoint a curator ad litem to administer the minor’s affairs, given concerns about the management of the awarded funds and the need to protect the minor’s interests.

Court Disposition

General damages awarded to the plaintiff in the sum of R800,000.00; appointment of curator ad litem; costs awarded as specified.

Orders

  • The plaintiff is awarded general damages in the sum of R800,000.00.
  • All remaining heads of damages shall be determined at a later date.