the Road Accident Fund (RAF) was ordered to pay a security company branch manager R8,908,500 for loss of earnings and future medical expenses following a collision.
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A Pietermaritzburg High Court acting judge ordered the Road Accident Fund (RAF) to pay a security company branch manager R8,908,500 for loss of earnings and future medical expenses following a traumatic motor vehicle collision.
Ravesh Maharaj, 38, who is employed at Fidelity Security, brought an application against the RAF after one of its insured vehicles drove into the back of his vehicle in October 2019.
According to the court papers, an agreement was reached at the pre-trial stage that the RAF was liable for 100% of Maharaj’s proven or agreed damages.
The only issue that remained was to determine Maharaj’s claim for loss of earnings and earning capacity, as well as future medical expenses.
According to the court papers, Maharaj called various witnesses.
Dr Vic Oelofse, an orthopedic surgeon, provided documentary evidence of Maharaj’s injuries and resulting sequelae (after effects).
In his evidence, he indicated that Maharaj sustained a cervical spine and thoracic spine injury during the collision, and the hospital recorded a whiplash injury and T-11 wedge fracture.
He said Maharaj complained of neck pain, stiffness of the neck, and headaches, and mentioned that cold weather exacerbated his symptoms.
Oelofse said the injury to Maharaj's cervical spine resulted from the acceleration-deceleration injury and future medical expenses are foreseen, including for a possible anterior fusion.
He said Maharaj also presented with a probable iatrogenic injury to his spinal cord, which would also involve future medical expenses, including a possible fusion.
Oelofse said that Maharaj also found it difficult to sit for long periods and travelling long distances would be problematic, which would require him to be office-bound in the future to protect his back.
Maharaj testified that he had been employed by Fidelity Security for over 15 years and secured three promotions prior to the collision. He said he had not been promoted after the 2019 accident.
He further testified that he suffered injuries during the collision, particularly a back injury, as the expert reports recorded.
Regarding his responsibilities, he said he managed a large area that required frequent long distance travel. He now found this difficult due to back pain experienced while driving.
Maharaj further testified that he found it difficult to visit various clients and to conduct site inspections because he could no longer walk for long distances.
He said that when he took medication, he also could not drive.
During cross-examination, Maharaj was asked about his qualifications for his positions and it was suggested that he suffered no loss of earnings because he was still employed.
Kriben Moodley, a general manager at Fidelity Security, testified that Maharaj was an exceptional employee with good leadership qualities.
He said Maharaj was considered part of the succession plan within the company.
Moodley said Maharaj was deserving of further promotions prior to the collision and would in all probability have been promoted to general manager and a regional executive. However, he testified that Maharaj currently would not be considered for these positions due to his injuries.
During cross-examination Moodley was asked about Maharaj having asthma, to which he responded that it would not have been an impediment to Maharaj’s career progress.
Paroshni Pillay, an occupational therapist, testified that she assessed Maharaj and found he experienced various symptoms as a result of the collision.
She said this included constant headaches, not being able to stand for longer than 15 minutes due to back pain, not being able to sit or walk for more than 10 minutes due to back pain, and being easily fatigued.
Pillay said Maharaj's behaviour, personality and mood have changed, and he was now moody, irritable, sad, fearful and forgetful and could only sleep with medication.
She said he also experienced swelling of his lower back and had difficulty carrying or lifting weighted objects. He also reported a fear of driving.
Pillay testified that Maharaj was redeployed to lighter duties and only attended to reports, emails and finances.
During cross-examination, Pillay was challenged about Maharaj being asthmatic and having injured his left knee as a child.
She said that these matters do not change her view and mentioned that Maharaj may need to retire early, should he even maintain employment in his current position.
Dr Peet Vorster, an industrial psychologist, testified that he took into account collateral information from Maharaj’s employer, salary advice and tax records.
He said in his view, this information confirmed that Maharaj was regarded as an excellent performer prior to the collision.
Vorster said various promotional opportunities were available to Maharaj based on his work performance and qualifications.
He testified that Maharaj would probably have been promoted to general manager at Fidelity Security, at which time his income would have amounted to approximately R70,000 per month in 2022.
Vorster said Maharaj could also have been promoted further to a regional executive, earning approximately R150,000 per month in 2022.
He said if Maharaj was promoted to general manager, he could have earned R100,000 per month, and as a regional executive, R160,000 per month in 2025.
“These promotions would have occurred between the ages of 48 to 50.”
Vorster testified that post-morbidly, Maharaj is struggling to perform his duties as branch manager.
He said he was not confident that Maharaj would be promoted to a higher position.
The RAF did not call any witnesses and closed its case.
In handing down judgment, Acting Judge Pietersen said that regarding Maharaj’s claim for future loss of earnings, it was uncontested before him that he was a professional member of staff at his place of employment and that he appeared to be highly sought after and viewed favourably.
“The evidence indicates that he was on track for future promotions and would probably have reached the position of a regional executive, as Mr Moodley testified. Furthermore, if one considers the plaintiff’s work history, it also indicates rapid and continuous progress.”
Acting Judge Pietersen said the RAF’s cross-examination about Maharaj’s asthma failed to elicit any relevant evidence.
“The plaintiff’s (Maharaj) evidence was clear that his asthma has not been an impediment to his career progress. Furthermore, no expert evidence was presented by the defendant (RAF) to support any inference that the asthma could have been a concern.
“The evidence seems clear that the plaintiff would have obtained three more promotions, resulting in an income of R160,000 per month at the age of 49. The defendant failed to present any other version,” he said.
Acting Judge Pietersen said post-morbidly, Maharaj’s career progress had effectively come to an end and he was likely to be demoted, if retained at all, at his present employment.
“It was undisputed that the plaintiff’s difficulties with his lower back, his difficulties with climbing stairs, his difficulties with sitting for long periods of time and driving over extended distances would be problematic in executing his duties.
“The plaintiff’s claim is properly substantiated by the experts’ reports and supported by the evidence presented before me. From the facts set out above, there is a stark contrast between the plaintiff’s pre- and post-morbid scenarios,” he said.
Acting Judge Pietersen ordered that Maharaj is entitled to judgment for the amount of R8 908 500.
He further ordered that Maharaj had a valid claim for future medical expenses and costs in terms of Section 17(4)(a) of the Road Accident Fund Act 56 of 1996.
The RAF was also directed to pay Maharaj’s legal costs.