The Western Cape High Court has ordered the Passenger Rail Agency of South Africa (PRASA) to pay R6.4 million after a Gugulethu man, Aviwe Hopewell Tobi, was pushed from a moving Metrorail carriage in 2013 and suffered life-changing injuries, reports Cape {town} Etc.
According to Conviction, Judge Fareed Moosa said the court must avoid actuarial approaches that value poorer lives as shorter. He rejected PRASA’s proposed income-linked life tables and fixed Tobi’s life expectancy at 71.5 years when calculating future care and loss.
In doing so the judge wrote that courts must not adopt ‘a rigid approach’ and must ensure results are ‘contextually appropriate and fair.’ (SAFLI)
Medical evidence showed Tobi lost his right leg below the knee, required multiple surgeries and ongoing prosthetics and will need lifelong care and transport to medical appointments.
‘In Tobi’s amended particulars of claim, he sues PRASA for R14 564 838.70, being for delictual damages arising from his injuries and their sequelae computed as follows: R64 838.70 (for past hospital and medical expenses); R8 000 000 (for future medical and related expenses); R4 500 000 (for past and future loss of earnings, alternatively earning capacity); and R2 000 000 (for general damages).‘
The court applied a 50% apportionment and ordered PRASA to pay R6 407 053.60 for general damages, past and future medical costs, loss of earnings and attendant care.
The ruling will shape how courts calculate future damages for injured commuters and speak to the legal duties on transport operators to protect passengers from foreseeable criminal and safety risks.
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Picture: Misha Jordaan / Gallo Images
