Staff Reporter
A 36-year-old Free State man who survived a road accident that left him with serious injuries has been awarded over R1-million in damages after he sued the Road Accident Fund (RAF) for compensation.
The man, Pakiso Kaizer Kareli, was a passenger in a motor vehicle that overturned after its driver lost control on the gravel road between Dewetsdorp and Wasbank farm.
He sustained head, spine and knee injuries as well as disfigurement in the accident.
Kareli, who was employed as a skinner at an abattoir in the province, then lodged a claim for damages.
The RAF – which provides compulsory cover to all users of South African roads, against injuries sustained or death arising from accidents involving motor vehicles within the borders of the country – conceded the merits of the claim.
The fund however refused to compensate him for past and future loss of income as a result of the injuries sustained in the accident.
This prompted Kareli to approach the Free State High Court seeking an order to compel the RAF to honour his claim in its entirety.
No one appeared for the RAF and the plaintiff requested the court to proceed with default judgment.
The defendant, however, handed in an e-mail to the plaintiff which the court accepted as an exhibit.
In the e-mail, the RAF was informing Kareli that it had accepted general damages in the amount of R350 000 and that it had also made an undertaking with regards to future hospital and medical expenses.
The fund refused the accident victim’s claim for past and future loss of income of R508 111.50.
The court was furnished with expert reports which confirmed the extent of Kareli’s injuries.
Dr Oelofse opined: “. . . from an orthopaedic perspective, I believe that the injuries had an impact on the patient’s amenities of life, productivity and working ability.
“He returned to his pre-accident employment but struggles with the physical tasks required of him due to the impairments caused by the injuries.
“The injuries the patient sustained in the accident make him an unfair competitor in the open labour market.”
Kareli, who dropped out of school when he was in Grade 7, was at the time of the accident employed as a skinner at a local abattoir and his duties required him to stand and walk for prolonged periods of time, lifting and carrying heavy carcases, working in cold environments, as well as working with sharp knives.
According to court papers, he had told industrial psychologist Ben Moodie that he suffered lower back pain since the accident and that due to this he was unable to sit and stand for prolonged periods, as well as lift carry heavy items.
“When considering Mr Kareli’s pre-accident earning potential it can be concluded that based on his limited level of education as well as noting the nature of the work which he had carried out in his career life prior to the accident, it can be concluded that he would have always remained reliant on work of a manual/physical nature in order to earn an income,”Moodie noted in his report.
“Though Mr Kareli had already reached his career ceiling at the time of the accident, based on the collateral information obtained from his employer, it can be concluded that he would been earning R5 000 per month in today’s terms.”
After taking the expert opinions into consideration, Judge Boonzaaier concluded the defendant was liable to pay 100 percent of the plaintiff’s damages.
In a judgment delivered on Friday, the RAF was ordered to pay Kareli the sum of R717 393 in respect of loss of earning capacity.
This is on top of R350 000 in respect of general damages, making it a total of R1 067 393 that the defendant has been compelled by the court to pay into the plaintiff’s attorneys’ trust account.
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