A child who was involved in a tractor accident as a young child had his RAF payout increased after an appeal highlighted the lasting psychological trauma he experienced. The original award only considered his physical injuries, but the court recognized the need to address his ongoing emotional distress and behavioral challenges.
A child who was involved in a tractor accident when he was five years old had his RAF payout increased following an appeal over psychological trauma . The original court ruling, which ordered the Road Accident Fund (RAF) to pay R350,000 in damages, only considered the child's physical injuries. However, the child, represented by a curator in court, is now 13 years old and suffers from ongoing emotional distress and psychological scarring as a result of the accident.
These include ugly facial scars and various other physical injuries such as bruising, abrasions, third-degree burns, and soft tissue injuries to his hip. The curator successfully appealed the initial ruling, arguing that the damages were unreasonable in light of the child's long-term mental and behavioral disorders. Medical experts testified that the accident left the child with serious permanent scarring and disfigurement, causing severe social anxiety and embarrassment. They also highlighted the child's cognitive, psychological, and physical vulnerability five years after the accident.Judge Harishila Kooverjie overturned the previous award and increased the damages to R1 million. The judge acknowledged that the child suffered both physically and psychologically from the accident and emphasized the need to address the child's significant psychological and behavioral difficulties. The court was informed that the child's aggressive behavior, low frustration tolerance, and trauma-related symptoms could pose challenges to his future scholastic potential and complicate his transition into adolescence and adulthood. It was recommended that the child undergo long-term psychotherapy and psychiatric treatment to help manage his anxiety, PTSD, and the emotional distress caused by the accident
RAF Payout Psychological Trauma Child Accident Court Appeal Damages
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