RAF to fork out R5.4m to man run over by car

File photo: Dumisani Dube

File photo: Dumisani Dube

Published Dec 23, 2014

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Pretoria - The Road Accident Fund is due to pay R5.4 million to a young man who was run over by a car while waiting for a bus at a bus station in Joburg.

Siyani Mkhabela was 18 in May 2008 when the accident happened.

He was on his way to the University of Johannesburg, where he was a first-year accounting student. Mkhabela suffered serious head injuries and had to remain in hospital for several weeks.

This resulted in his studies being interrupted, although he went back to university three years later and obtained a national diploma in accounting.

The High Court sitting in Pretoria heard that Mkhabela was unemployed, despite his efforts to seek employment.

Two psychiatrists said the mental consequences of the accident were severe on Mkhabela. He developed personality changes directly associated with his head injury. These include spells of aggression and hallucinations.

Experts are of the opinion that he will need treatment for the rest of his life.

In trying to reduce the amount of damages to be awarded to Mkhabela, counsel for the RAF pointed out that despite his mental challenges, he was able to resume his studies and complete his diploma in a record time. His industrial psychologist, on the other hand, said despite his intellectual capability, he was nevertheless debilitated by the consequences of the injury.

Acting Judge TAN Makhubele said even if he were to obtain employment, Mkhabela would struggle to function optimally.

The judge ordered that the RAF pay him R4.7m towards his future loss of income. The RAF was earlier ordered to pay R700 000 towards his general damages.

Pretoria News

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