A Kimberley resident has been awarded R6.1 million in compensation after she was initially offered a settlement of R739,120.02 by the Road Accident Fund.
A KIMBERLEY resident has been awarded R6.1 million in compensation after she was initially offered a settlement of R739,120.02 by the Road Accident Fund (RAF).
Northern Cape High Court Judge Albert Sibongile Nxumalo ruled that Aletta Sauer, 85, from Pescodia, Kimberley, was entitled to compensation of R6.1 million after she was involved in a motor vehicle accident.
Sauer is unemployed and was forced to retire from teaching following the accident.
Nxumalo instructed the RAF to pay Sauer R5.4 million in addition to the R739,120.02 plus interest that was initially paid out.
The accident took place on the N8 between Campbell and Kimberley on April 4, 2014, where Sauer was seated in the passenger seat when the vehicle collided with a kudu.
Legal representative advocate Johan van Niekerk SC indicated that after signing a settlement agreement with the RAF on June 14, 2016, his client obtained legal advice from her attorney and gave instructions to withdraw her acceptance of the settlement amount as she had not made an informed decision.
“She did not have insight into the extent of her injuries as was detailed in the medical expert reports. My client was not given a breakdown of how the total amount payable for her injuries incurred.”
He added that his client was not provided with an actuarial report projecting her future loss of earnings.
“She suffered substantially more pain, suffering and inconvenience.”
It was indicated in court papers that her hospitalisation costs, past and future medical expenses, damages, loss of earnings and general damages amounted to R7.3 million.
Van Niekerk appeared upon instruction from Hentie van Niekerk from Elliot Maris and Hay Attorneys and State prosecutor Benita Rabie appeared on behalf of the RAF.
