RAF ordered to pay almost R9m to claimant who is unable to work

Acting judge AJ Pietersen of the Pietermaritzburg high court has granted an order in favour of plaintiff Ravesh Maharaj, 37, who was employed at Fidelity Security in KwaZulu-Natal at the time of a car crash in October 2019.

The ruling brings a decisive end to the litigation, with the RAF conceding 100% liability for the incident when an insured vehicle slammed into the back of Maharaj’s car.

The court ordered the state to pay a capital sum of R8.9m for Maharaj’s loss of earnings and diminished earning capacity.

The quantum of damages was finalised after both parties agreed to accept a comprehensive suite of expert medico-legal reports without the need for oral testimony. The accepted evidence included findings from an orthopaedic surgeon, neurosurgeon, clinical psychologist and occupational therapist.

Due to his injuries, Maharaj suffered constant headaches, could not sit for longer than 15 minutes, experienced back pain, became moody and now fears driving.

Maharaj also brought an industrial psychologist who confirmed to the court that Maharaj was a good employee who had received three promotions and would probably have been promoted to general manager, earning approximately R70,000 per month.

The psychologist said Maharaj had the potential to become a regional executive, earning about R160,000 per month, typically from age 48 upwards.

The manager testified that Maharaj’s injuries had hampered his chances of progressing further in his career.

An actuarial calculation synthesised these expert opinions, adjusting the final payout to account for career progression, early retirement risks and standard contingency deductions.

In addition to the monetary payout, the court secured the plaintiff’s long-term healthcare needs. Pietersen ordered the RAF to furnish a formal statutory undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996.

This certificate compels the RAF to cover 100% of all future medical expenses, surgeries and therapies arising from the collision.

The court noted that Maharaj was entitled to this undertaking pursuant to the RAF’s “blanket election”. This structural mechanism was established in a landmark case that resolved systemic legal bottlenecks regarding how the fund issues medical certificates.

The RAF was ordered to pay Maharaj’s legal fees. The court also ordered that his counsel fees be paid on “scale B”, a higher tariff bracket reflecting the complexity and demands of the litigation.

Sowetan