RAF to pay R4.3m for donkey cart accident
In a sequel to a donkey cart accident in August 2009 when an unknown driver drove into the cart and Thabang Waleng (10) was severely injured, Limpopo High Court (Polokwane) Acting Judge C Marais has ordered the Road Accident Fund (RAF) to pay more than R4.3m to Waleng.
A Pretoria News report notes the Waleng suffered various injuries, including head injuries, when the hit-and-run driver crashed into the donkey cart on which he was a passenger.
He claimed because of the head injury, he will not be able to be gainfully employed in the open market.
Last year, the RAF accepted full liability for the injuries suffered but the parties could not agree on the amount of damages payable.
The RAF had offered to pay him R440 713 in respect of loss of earnings, but the offer was rejected.
The court said the RAF paid billions of rands each year in road accident claims.
‘These claims could be drastically reduced if not for the delinquent manner in which third-party claims are dealt with,’ Marais said.
The judge noted from June 2018 to October 2023, the RAF had failed to provide Waleng with an undertaking for medical expenses.
It had done so only in October 2023. If it had done so sooner, the plaintiff’s claim for loss of income could have been significantly reduced, the judge said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
