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in compliance with the law and SAFLII Policy
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case No: 31148/19
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHERS JUDGES: YES/NO
(3) REVISED: YES/NO
DATE : 6/5/25
SIGNATURE
In the matter between:
M[...] G[...] N[...] PLAINTIFF
and
THE ROAD ACCIDENT FUND DEFENDANT
JUDGMENT
FRANCIS -SUBBIAH J:
[1] This is a claim for future loss of income. The Plaintiff sustained an inju ry at the
time of the motor vehicle accident when she was thirteen (13) years old and in grade
8. She is curre ntly twenty (20) years old . The motor vehicle accident took place on
the 26th of March 2018.
[2] The Plaintiff testified that she was in a Quantum vehicle that was transporting
her to school . At the time of the accident , the vehicle was stationary and was waiting
for other school children to enter it. While she sat in the motor vehicle, it was hit by
another motor vehicle from the back . As a result , her knees were injured , as she was
seated in the back of the quantum .
[3] Her parents arrived at the scene of the accident and took her home. Later she
went to a clinic for treatment . She was examined and was fitted with the ‘Plaster of
Paris’ on her right leg . She was given two ( 2) crutches to use to assist her to walk
and th e ‘Plaster of Paris ’ was on for approximately four ( 4) months. The injuries
suffered in the accident are pleaded as the left knee injury, right leg injury, PTSD,
anxiety and depression .
[4] According to the medico legal report of Dr M Bon gobi, the orthopedic surgeon ,
he stated that the plaintiff was transported to the Turton Hospital by ambulance. (It is
noted that t his version varies with the plaintiff’s version. ) She sustained soft tissue
injuries in both knees as a result of the motor vehicle accident while she was still a
minor. The X -rays of the knees did not reveal any fractures. The left knee had a
strain, with occasional pain . The injuries were treated conservatively and have since
healed . She reported that she still suffers from pain and discomfort from the left
knee. It was observed that her Whole Person I mpairment rating was 1% WPI.
[5] She completed grade 12 and at the time of the examination was currently
studying a diploma in law. The accident did not have a negative impact on her
schooling. He further reports that t he accident has a mild impact on her future
employability, as she is studying for a professional qualification that would not have
been impacted by the accident.
[6] The medico -legal reports explain that the pla intiff’s injuries have not affected
her life expectancy . The prognosis in the clinic records with respect to the left knee
was good and full recovery was expected. Full recovery is confir med by Dr M
Bongobi . He explains that occasional pain can be treated with analgesics and anti-
inflammator ies. She is able to perform all activities of daily l iving.
[7] It was recorded on the Serious Injury Assessment Report that the Plaintiff
sustained bilateral knee injuries. X -rays did not reveal any fractures . The right knee
was bandaged, and she was released from the medical facility . She was reviewed
once after four weeks. She ha d no complaints related to the right knee pain and the
left knee pain is ex acerbated by cold weather. She can still ascend or descend stairs
with no restrictions, physical exertion like walking long distance, standing for external
periods or walking on uneven surfaces may exhibit the pain .
[8] The conclusion regarding the physical examination is she has a normal ga it.
She has no scars. There ’s no swelling. There is full range of motion of the knee with
no sepsis . There is no tenderness, there is no loss of sensation or nerve impairment
and there are no injuries or pathologies dictated from the X -ray. And further, as a
grade eight (8) student at the time of the accident, it did not have any negative
impact on her schooling .
[9] A psycho -legal report completed by educational psychologist Zenzele
Khubeka , says the following information submitted is based on the information made
available during the interview , collateral information , assessment results and other
expert reports. The report states the following :
“that Miss Ngcobo reported that she was a passenger at the time of the
accident. She was knocked down by a van while waiting for transport due to
the accident miss Ngcobo sustained injuries to both her knees. She was
transported to Turton Community Health Centre by private vehicle , it was
noted from the reports that her right knee was mildly swollen .”
The Court cannot accept the report of the educational psychologist , when he
incorrectly records basic facts of the accident . His report remain s questionable.
[10] The industrial psychologist refers to compensation for a likely loss of potential
future earnings. No case has been made for the claim of R8 000 000 for this
category of loss. The plaintiff is studying toward a diploma in law. The clinical
psychologist Naledi M Mqhayi opines that the plaintiff will benefit from individual
psychotherapy for any emotional challenges she may encounter. The counselling
recommended has not established an y impact on her earning capacity . For this
reason, the court is of the view that an appropriate section 17 (4)(a) undertaking of
the Road Accident Fund Act 56 of 1996 be provided to the plaintiff for counselling
and pain medication that she may require. In respect of future loss of earnings , no
loss of earning capacity has been established flowing from the accident. Therefore ,
the claim of R 8 000 000 for loss of earning is dismissed.
[11] As a result the Court Orders as follows :
(a) Merits are awarded 100% in favour of the Plaintiff .
(b) The Defendant shall furnish the Plaintiff with an undertaking in terms of Section
17(4)(a) of Act 56 of 1996 in respect of their claim for the costs of the Plaintiff’s
treatment or rendering of a medical service, or supply of good s to them arising out of
the injuries sustained by her on 26 March 2016, after the costs have been incurred
and upon proof thereof.
(c) The Defendant shall pay the taxed or agree d costs of the Plain tiff.
R FRANCIS -SUBBIAH
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
DATE HEARD :
29 APRIL 2025
DATE DELI VERED:
06 MAY 2025
APPEARANCES
For the Applicant: Adv A Masombuka
Instructed by: Kotlolo Attorneys
For the Respondent: No appearance
Delivered: This judgment is handed down electronically by circulation to the
Parties/their legal representatives by email and by uploading to Caselines. The date
and time of hand -down is deemed to be 1 6H00 on 06 MAY 2025