A child who was just five years old when he was involved in a tractor accident has been awarded a significantly higher compensation after the Gauteng High Court in Pretoria ruled that the previous damages were insufficient. At the time of the accident, the court had initially ordered the Road Accident Fund (RAF) to pay R350,000 for general damages. However, this amount was based solely on the child’s physical injuries, without considering the long-lasting psychological effects of the trauma he endured.
Now 13 years old, the child, identified only as F, has continued to struggle emotionally due to the accident. His physical injuries, which include severe scarring on his face, have been a constant reminder of the traumatic event. More concerning, however, are the deep psychological scars that have emerged over the years, which have had a profound impact on his emotional wellbeing.
The child’s case was revisited when the curator representing him appealed the initial ruling, arguing that the damages awarded were inadequate in light of the full extent of his injuries. The appeal was successful, with Judge Harishila Kooverjie replacing the previous award with a more substantial sum of R1 million.
The curator’s appeal pointed out that the initial award failed to take into account the long-term mental and behavioural disorders the child had developed since the accident. Experts testified that the psychological effects were severe and ongoing. While the physical injuries, including bruising, abrasions, burns, and soft tissue damage, were acknowledged, the court initially overlooked the child’s growing emotional struggles.
The previous judge had concluded that the child was not entitled to compensation for loss of earnings, noting that he was attending school and doing well academically. However, Judge Kooverjie disagreed, emphasizing that the child’s psychological and behavioural difficulties were significant and warranted further consideration. Experts confirmed that the child’s condition included not only visible scarring but also debilitating anxiety and PTSD, which continue to affect him.
One medical expert noted that the disfigurement from the accident had a profound impact on the child’s self-esteem and social interactions. The expert explained that the permanent scarring caused severe social anxiety and embarrassment, which could affect his relationships later in life. Another neuropsychologist reported that the child was more vulnerable both cognitively and emotionally, five years after the incident. This ongoing trauma, combined with aggressive behaviour, low frustration tolerance, and trauma-related symptoms, posed a significant challenge for the child’s future, particularly in his transition into adolescence and adulthood.
The court was also informed that the child’s psychological issues, including heightened anxiety, particularly when travelling or crossing roads, continued to worsen. He experiences flashbacks of the accident, which causes him considerable distress. If left untreated, experts warned that his condition could deteriorate, further complicating his ability to succeed in school and navigate life’s challenges.
In her ruling, Judge Kooverjie stated that the initial judgment had failed to properly assess the child’s psychological, cognitive, and emotional difficulties, which had been identified by the experts. She described this as a material oversight and ruled that the previous award of R350,000 was inadequate. The judge concluded that a compensation amount of R1 million was a fair reflection of the child’s suffering and long-term needs, ensuring that the child’s psychological and emotional recovery would be better supported in the future.
