Mokone v Road Accident Fund (GP) (unreported case no 79497/18, 1-7-2024) (Pienaar AJ)In the case of Mokone, the Gauteng Division of the High Court in Pretoria awarded damages to the plaintiff who sustained a head injury from a car accident. Lebohang Cecilia Ranthocha, instituted that action in her representative capacity as the mother and natural guardian of Kgalalelo Mekong (the claimant), who was 16 years old at the time of the accident. The court said that the claimant who is a major now, at the time of the accident was a passenger in a small private car sitting at the back when she was involved in a head on collision.
The court pointed out that the claimant had lost consciousness and woke up at the hospital. She was taken to Moses Kotane Hospital where she was admitted for two weeks. The court said that neurosurgeon, Dr Phila M Mpanza reported that the claimant sustained a severe traumatic brain injury with a history of loss of consciousness of unknown duration. The recorded admission, Glasgow coma scale was 13/15 with a documented head injury (laceration on the head and a CT brain showing a left haemorrhagic contusion on the left parietal lobe).
The court added that according to orthopaedic surgeon, Dr Mamelang A Morule the claimant sustained undisplayed open fractures of big and second metatarsal fractures. Right foot laceration debrided and sutured. The court said that a CT brain scan was done, confirmed haemorrhagic contusion of left parietal lobe, which was treated conservatively. The court pointed out that according to the claimant’s psychologist, Samuel Mphuthi, the claimant sustained a moderate traumatic brain injury and has resulted in significant permanent neurocognitive deficits. It was said that Ms Mokone’s clinical psychological status is characterised by symptoms of post-traumatic stress mood dysregulation associated with diminished neurocognitive capacity as well as persistent pain and changed social functioning and status.
With regard to general damages, the court pointed out that the plaintiff’s attorney, Ms Tsabedze suggested that a sum of R 2 500 00,00 should be awarded to the plaintiff. Ms Tsabedze referred the court to several comparable cases for general damages. The court, however, pointed out that each case must be adjudicated on its own merits within the overarching maxim of stare decisis. One of the cases that the court looked to was that of Van Heerden J in Dikeni v Road Accident Fund [2002] LNQD 8 (C) where he stated that: ‘Although these cases have been assistance, it is trite law that “each case must be adjudicated upon its own merits and no one case is factually the same as another … Previous awards only offer guidance in the assessment of general damages.’ General damages include a person’s physical integrity, pain and suffering, emotional shock, disfigurement, a reduced life expectancy, and loss of life amenities.
The court added that in the case of Dyssel NO v Shield Insurance Co Ltd [1982] LNQD 10 (C) the plaintiff sustains a severe head injury and was grossly retarded and possibility of developing epilepsy, slow speech, and could not take care of herself, an original award of R 45 000,00 by the court was awarded and the present 2021 valuation of the award is R 1 200 000,00.
The court ordered as follow:
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
This article was first published in De Rebus in 2024 (August) DR 51.
