R8m damages claim against Prasa dismissed with costs
Thabo Nkosi claimed more than R8m in damages from Prasa by alleging that he was pushed out of an overcrowded train in January 2011 and that he had lost both his legs as a result.
A Pretoria News report says Nkosi told the Gauteng High Court (Pretoria) that seconds after he was pushed out of the crowded train, he realised the train had severed his left leg, while his right leg was broken.
He was airlifted to hospital, where his right leg had to be amputated. Nkosi blamed the fact that he was now a double-amputee on Prasa’s negligence.
Prasa, on the other hand, claimed that the accident happened while Nkosi was crossing the train tracks.
It was also pointed out that no train ticket was to be found in his possession. Prasa’s investigator also could not find any recording of a train accident during this time, but told the court that it did not mean that this did not happen.
Doctors at the nearby hospital confirmed that Nkosi was admitted at the time, but according to them, he told them that he was hit when he tried to cross the tracks.
Judge Nomsa Khumalo said despite the fact that the accident happened on a Saturday, Nkosi could not explain where he came from and exactly where he was heading. He did not have a ticket with him and the place where the accident occurred was not a station where people travelled from.
She also said Nkosi at first claimed he was pushed by a crowd, but later he said the train veered and he fell out. She dismissed the claim and slapped Nkosi with the legal bill.
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