A prolonged legal battle between the Passenger Rail Agency of South Africa (PRASA) and a Gugulethu man has come to an end after the High Court ruled in favour of Aviwe Hopewell Tobi on Monday, 2 February.
PRASA train accident compensation case finally concludes
Acting Judge Fareed Moosa ordered PRASA to pay Tobi R6 407 053.60 in compensation after he was pushed from a moving train near Bonteheuwel in November 2013.Tobi, who was 25 years old at the time of the incident, suffered severe injuries that resulted in the amputation of his right leg.
His life has drastically changed as a result of these injuries. He was hospitalised at Groote Schuur Hospital for more than a month, where he underwent extensive medical treatment.Medical experts testified in court that Tobi sustained serious skin injuries and underwent reconstructive skin graft surgery.
Medical experts outline lifelong care requirements
He will require further surgical procedures in the future. The injuries led to severe disfigurement, including a below-knee amputation of his right leg and extensive scarring on his left lower leg.The experts further stated that Tobi suffered a skull laceration that required medical treatment and left him with a permanent scalp scar.
He also fractured his left ankle in the accident, resulting in soft tissue damage that required additional treatment, including skin grafting. Medical evidence confirmed that Tobi will require lifelong extensive care and the continued use of prosthetic devices.
PRASA initially rejected the compensation claim
Initially, Tobi sued PRASA for R14 564 838.70. PRASA rejected the claim, stating that it had no knowledge of the injuries sustained or their consequences.
However, the agency later withdrew its opposition to Tobi’s application in terms of Uniform Rule 38(2).The court applied a 50% apportionment of damages and ruled that PRASA is liable to pay Tobi R6 407 053.60 in compensation.
