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South Africa decisions
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B.S.P obo H.N.K v Road Accident Fund (16623/2018) [2025] ZAWCHC 156 (31 March 2025)
The High Court awarded R2 million in general damages for a minor’s severe traumatic brain injury and ongoing neuropsychological sequelae after a motor vehicle accident.
K.M v Road Accident Fund (79497/18) [2024] ZAGPPHC 671 (1 July 2024)
High Court awarded R1.5 million in general damages for severe injuries from a motor vehicle accident and ordered an undertaking for future medical expenses.
Z.N v Road Accident Fund [2023] ZAGPPHC 276; 56048/15 (18 April 2023)
Default judgment awarded the plaintiff R7,783,300 for past and future loss of earnings after severe accident-related brain injuries rendered her unemployable.
Passenger Rail Agency of South Africa v Bischoff N.O. obo Reyners (A119/2019) [2022] ZAWCHC 83; [2022] 3 All SA 255 (WCC) (12 May 2022)
The majority of the court held that the appellant's special plea of prescription should succeed. The evidence established that Mr Reyners acquired knowledge of the facts from which the debt arose shortly after the incident in 2001, as confirmed by lay witnesses who testified that he was aware of the accident and its circumstances. The court found that the expert evidence did not convincingly establish that Mr Reyners lacked the mental capacity to litigate or instruct an attorney prior to the appointment of a curator ad litem. The respondent failed to discharge the evidential burden to prove i…
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Sehale v Road Accident Fund (8284/15) [2020] ZAGPPHC 375 (10 July 2020)
The High Court awarded R1.5 million in general damages for severe traumatic brain injury, while postponing the loss of earnings claim sine die.
Bam obo R.H.T v Road Accident Fund (7762/17) [2019] ZAGPPHC 1056 (21 November 2019)
The court awarded general damages for a severe traumatic brain injury, found the plaintiff unemployable, and ordered that the award be protected by trust.
Jansen v Road Accident Fund (2266/2016) [2017] ZAGPPHC 696 (27 October 2017)
The High Court awarded R700,000 in general damages to a minor injured in a motor vehicle accident, with a section 17(4)(a) undertaking and trust protection.
T.B v Road Accident Fund (603/2003) [2009] ZAECBHC 5 (21 May 2009)
The court found that the plaintiff was rendered unconscious in the collision and sustained a moderate traumatic brain injury, as evidenced by uncontested expert testimony and credible lay evidence. The plaintiff's cognitive and scholastic decline post-accident was established on a balance of probabilities. The defendant's challenges to the reliability of the plaintiff's mother's evidence and the lack of documentation were insufficient to displace the plaintiff's case. The quantum for general damages was determined with reference to comparable awards, adjusted for the severity of the plaintiff…
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