Court Orders Road Accident Fund to Pay R850,000 to Car Crash Victim

After a prolonged legal battle, the South Gauteng High Court has ruled that the Road Accident Fund (RAF) must pay R850,000 in general damages to Trusha Chesney Naidoo, who suffered severe injuries in a 2009 car crash.

Naidoo was a passenger in a vehicle that crashed on Athol Road in Highlands North, Johannesburg, on July 16, 2009. Represented by advocate Docrati in his capacity as curator ad litem, she initially sued the RAF for over R7.4 million in damages.

Her claim included R110,000 for past medical expenses, R6.59 million for future loss of income and employability, and R700,000 for general damages.

The RAF admitted liability, and in December 2016, Naidoo was awarded R6.3 million for her loss of earnings. However, the case was taken to the review court, which ruled that her injuries were serious enough to qualify for general damages as well.

Medical and Psychological Impact

During the trial, several experts testified about the lasting effects of Naidoo’s injuries.

• Dr. Edward Schnaid, an orthopaedic surgeon, stated that Naidoo had sustained fractures to her right radius and ulna, soft tissue injuries to her cervical and lumbar spine, and a mild head injury that briefly left her unconscious. She continued to suffer from chronic pain, limited mobility, and numbness in her right hand.

• Dr. Conrad Visser, a psychiatrist, noted that Naidoo had been psychologically vulnerable before the accident. The trauma triggered emotional and behavioral disturbances consistent with Borderline Personality Disorder.

• Chris Sampson, a clinical psychologist and neuropsychologist, testified that Naidoo was left more emotionally fragile than before the crash.

• Anoett Rossouw, an occupational therapist, highlighted how the accident ended Naidoo’s career as a competitive swimmer. She had made several unsuccessful attempts to return to the sport but ultimately had to give it up due to the injuries to her right arm.

Naidoo later attempted to amend her claim, increasing the general damages amount from R700,000 to R1.6 million. However, the RAF opposed the amendment, arguing it would suffer prejudice and that the application did not comply with procedural court rules.

Acting Judge Livhuwani Vuma reviewed expert testimonies and ruled that Naidoo’s injuries, including a mild concussive head injury, justified compensation. The court ultimately awarded her R850,000 in general damages.

“I am satisfied that an amount of R850,000 for general damages would be a fair and reasonable award under the circumstances,” Judge Vuma stated in her ruling.

This judgment marks the conclusion of a legal fight spanning over a decade, securing further financial relief for Naidoo following the life-altering accident.

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