The judgment concerns a claim by a curator for damages arising from a motor vehicle collision in which a seven-year-old pedestrian sustained serious injuries, including a traumatic brain injury. The court addressed future loss of earning capacity, general damages, and costs, and made an order for payment of R4 519 510 together with an undertaking for future medical and related expenses. It also fixed general damages at R1 300 000.
This appears to concern claims against the Road Accident Fund and the assessment of damages for a minor child with long-term neurocognitive sequelae.
Evidence from source
Summary : Delict - Damages – Future loss of earning capacity and general damages – Minor child sustaining traumatic brain injury in motor vehicle collision
Supports: The matter concerns damages arising from a motor vehicle collision and traumatic brain injury.
I am accordingly satisfied that the plaintiff has established a future loss of earning capacity in the amount of R3 219 510 .
Supports: The court dealt with future loss of earning capacity.
I am satisfied that an award of R1 300 000 constitutes fair and reasonable compensation for general damages.
Supports: The court fixed general damages at R1 300 000.