The mother of a three-year-old – who was left with permanent disability and disfigurement after being hit by a car – has been awarded a Road Accident Fund (RAF) payout of more than R5m.

Western Cape High Court Judge Matthew Francis ordered that the RAF pay the mother R5 220 425, writes the Cape Times.

It includes compensation for 100% of the costs of the future accommodation of the boy in a hospital or nursing home, treatment, rendering of services, or supplying of goods to him arising from the collision on 9 June 2013.

Significantly, while the court found that the agreed expert classification of the boy’s injuries was ‘mild’ at the time of the accident, Francis said the permanent cognitive, behavioural and developmental consequences in a child injured before he had begun school are substantial and lifelong.

Francis said the plaintiff’s attorneys should apply under Rule 57 for the appointment of a curator ad litem to assess the need for a curator bonis or trust.

Instead of appointing a curator bonis or creating a trust based on the current record, Francis said he directed that the question be investigated and reported on while securing the capital in the meantime.

This allows the RAF, the plaintiff, and the curator ad litem to be heard without prejudicing anyone.

Francis ordered that the capital must be held in the attorneys’ trust account until the application is resolved and should not be disbursed in the interim.

The application must be brought within 90 calendar days of the order being made.

If it is not done, the court registrar is directed to bring the matter before Francis for further directions.

Full Cape Times report