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IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: 10920/2022
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHERS JUDGES: NO
(3) REVISED: NO
20 September 2025
In the matter between:
MOLOELE KM APPLICANT
And
THE ROAD ACCIDENT FUND RESPONDENT
JUDGMENT
AMIEN AJ:
Introduction
[1] This is an application for default judgment for the recovery of damages under
the Road Accident Fund Act 56 of 1996 arising from personal injuries sustained
by the Applicant (Plaintiff in the main action) as a result of a motor vehicle
accident that occurred on 17 June 2021.
[2] The Applicant is an adult male aged about 24 years old. At the time of the
accident, he was about 19 years old.
[3] Soon after the accident, the Applicant was admitted to a private hospital,
Muelmed Mediclinic.
[4] The Applicant claims for past and future medical expenses, and past and future
loss of earnings.
[5] An offer of settlement by the Respondent (Defendant in the main action) in
respect of general damages was accepted by the Applicant. The merits are
therefore deemed to have been settled in Applicant’s favour.
[6] The combined summons in the main action was served on the Respondent on
22 February 2022, and no notice of intention to defend was filed by the
Respondent within the required dies and at the date of the hearing of this
application, which was on 25 July 2025.
Injuries sustained
[7] The Applicant sustained the following injuries arising from the accident:
[7.1] Mild traumatic brain injury
[7.2] Mild symptoms of depression and anxiety symptomatic of post-traumatic
stress disorder
[7.3] Chronic adjustment disorder involving headaches associated with blurry
vision, and neck and back pain due to soft tissue injuries to the neck and
back
[7.4] Impairment of concentration span and memory
[7.5] Fracture of the left distal radius
[7.6] Left ankle injury
[7.7] Left wrist injury
[7.8] Laceration on the forehead, which required sutures, leaving a facial scar
[8] During oral argument, counsel for the Applicant further advised that the
Applicant struggles to sit or stand for extended periods of time and he struggles
psychologically to interact with other people.
[9] The Applicant completed grade 12 and at the time of the hearing was scheduled
to complete a BCom Managing Marketing degree at Boston College in 2025.
[10] When the Applicant commenced his studies at Boston College in 2021, he was
scheduled to complete them by 2023, but due to the impact of the accident, his
progress was delayed by about two years.
[11] At the time of the accident, the Applicant was also employed as a part -time
Currency Trader.
[12] The Applicant obtained expert reports from Dr Colin Barlin (orthopaedic
surgeon), Dr Bongani Ngele (specialist neurologist), Dr Kobus Roux
(psychiatrist), Ms Rita Van Biljon (occupational therapist), Dr AC Strydom
(industrial psychologist), Ms Mari Lautenbauch (educational psychologist) and
Mr Johan Sauer (actuary).
[13] Dr Barlin (orthopaedic surgeon) confirms that the Applicant suffered the
following injuries:
[13.1] Fracture of the left radial styloid, which was stabilised with a Kirshner
wire and was later removed. The forearm is no longer symptomatic.
[13.2] Soft tissue injury to the cervical spine became symptomatic three (3)
months after the accident. The Applicant’s neck was painful and stiff.
[13.3] Soft tissue injury to the lumbar spine became symptomatic three (3)
months after the accident, which caused the Applicant to experience
lower back pain and stiffness.
[14] Dr Barlin anticipates that the Applicant’s neck and back symptoms will respond
to extensive physiotherapy, analgesics and anti-inflammatories over a period of
eighty (80) months from the date of prognosis. He expects that with adequate
treatment, the Applicant should be able to continue with his work and studies
until retirement age.
[15] Ms Van Biljon (occupational therapist) recommends four (4) hours of
occupational therapy intervention to treat the soft tissue injuries sustained to
the Applicant’s neck and back.
[16] Dr Ngele (specialist neurologist) reports that the CT scans of the Applicant’s
brain, abdomen and pelvis were normal, although there was evidence of mild
traumatic brain injury. The Applicant also suffers from chronic neck and back
pain, regular headaches associated with blurry vision, and impairment of his
concentration span and memory.
[17] Dr Ngele is of the view that the Applicant’s deficits in concentration, attention
and memory contributed to his academic under -performance, which delayed
the progress of his studies by two years. Although full cognitive recovery is
unlikely, Dr Ngele predicts that the Applicant’s functional outcomes may
improve through compensatory strategies and academic accommodations. His
anticipated treatment includes among others, neurological management,
chronic pain management, academic support, and scar revision for the facial
scar on the Applicant’s forehead.
[18] Dr Roux (psychiatrist) confirms that the Applicant: was emotionally traumatised
by the accident due to the death of the driver as a result of the accident; is
anxious to drive past field fires because there was a fire on the side of the road
when the accident occurred; is sometimes hypervigilant in traffic; is scared to
drive long distances; and has flashbacks of the accident. He confirms that the
Applicant suffers from mild depression and anxiety, which are reflective of post-
traumatic stress disorder (PTSD). Dr Roux is of the view that the Applicant is
not psychotic, can manage his own affairs, and his psychiatric sequelae will not
affect his productivity and ability to work until full retirement.
[19] Dr Roux recommends that to treat the Applicant’s PTSD, he will require
between 10 and 20 sessions with a clinical psychologist, and possibly more to
deal with the emotional trauma. His chronic adjustment disorder needs to be
treated with oral medication.
[20] Ms Mari Lautenbauch (educational psychologist) is of the opinion that if the
accident had not occurred, the Applicant would have likely been able to study
towards an honours (NQF 8) level. Post -accident, she is of the view that the
Applicant will most likely reach his ceiling at NQF 7-degree level.
[21] Dr Strydom (industrial psychologist) reports as follows: The Applicant wishes to
pursue a career in forex trading and market management and has the functional
pursue a career in forex trading and market management and has the functional
capacity to meet the demands of such occupations. He is able to reach his pre-
morbid potential although the pain and discomfort that he experiences may
result in him suffering a loss of productivity. Should his pain response result in
further treatment and should he have a psychiatric relapse, he may also suffer
a loss of earnings although the quantification of that is uncertain.
[22] Dr Strydom suggests that an appropriate higher than normal post -morbid
contingency deduction should be applied in relation to the Applicant’s future
loss of earnings.
Loss of earnings and future medical treatment
[23] In light of the above, the loss of earnings (based in part on Mr Sauer (actuary’s)
report is calculated as follows:
[23.1] Past loss of earnings comprising pre -morbid past loss of earnings
(subject to 5% contingency) and post -morbid past loss of earnings
(subject to 5% contingency): R757 098.70 – R749 080.70 = R8 018.00.
[23.2] Future loss of earnings comprising pre -morbid future loss of earnings
(subject to 20 contingency) and post -morbid future loss of earnings
(subject to 30 contingency), which totals R1 919 903.30.
[23.3] The total loss of earnings is therefore R1 927 921.30.
[24] Since the Applicant may require future medical treatment, he is entitled to an
Undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of
1996 to be compensated by the Respondent for the cost of future
accommodation in a hospital or nursing home or treatment of or rendering of a
service or supplying of goods to the Applicant resulting from injuries sustained
by him as a result of an accident that occurred on 17 June 2021.
Order
[25] In the result, the following order is made:
25.1. The Respondent shall pay to the Applicant the sum of
R1 927 921.30 in full and final settlement of the Applicant’s claim,
which amount shall be paid within 180 days to the credit of the
trust account of the Applicant’s Attorneys of record as follows:
Account holder: VZLR Inc
Name of bank: ABSA Business Bank Hillcrest
Account number: 3[...]
Branch code: 6[...]
Branch: Krugersdorp
Reference: M[...]
25.2. The Respondent will not be liable for any interest on the said
payment provided payment is made timeously.
25.3. In the event of the default of the Respondent, interest will be
payable on the full amount owing at that time at the rate of 11.75%
interest per annum, calculated from the 15 th day after the date
of this order to the date of payment.
25.4. The Respondent is ordered to furnish the Applicant with an
Undertaking in terms of section 17(4)(a) of the Road Accident
Fund Act 56 of 1996, to compensate the Applicant for the cost of
future accommodation in a hospital or nursing home or treatment
of or rendering of a service or supplying of goods to the Applicant
resulting from injuries sustained by him as a result of an accident
that occurred on 17 June 2021, after such costs have been
incurred and upon proof thereof.
25.5. The Respondent is to pay the costs of the Rule 38(2) expert
reports.
25.6. The Respondent is to pay the Applicant’s taxed or agreed party
and party costs on a High Court scale B, including the costs up to
and including 25 July 2024, which costs are subject to the Taxing
Master’s discretion.
25.7. Should the parties not be able to agree on the amount of the legal
costs’ payable by the Respondent, the Applicant shall serve a
Notice of Taxation on the Respondent’s attorneys.
25.8. The Applicant shall allow the Respondent 180 court days to make
payment of the costs so taxed.
25.9. Should the Respondent default, interest will be payable on the full
amount owing at that time at the rate of 11.75% interest per
annum calculated from the 15th day up to and including the date
of payment.
W AMIEN
ACTING JUDGE OF THE HIGH COURT
PRETORIA
APPEARANCES:
Counsel for the Applicant: Leon Van Der Merwe
Instructed by: VZLR Inc
Case number: 10920/2022
Date heard: 25 July 2025
Date of judgment: 20 September 2025
This judgment has been delivered by uploading it to the court online digital data base
of the Gauteng Division, Pretoria and by e-mail to the attorneys of record of the parties.
The deemed date and time for the delivery is 20 September 2025.