A Pretoria youngster, known only as “F” in court papers, has finally received a fairer outcome after an eight-year legal tussle over compensation for a life-changing tractor accident. Initially awarded R350,000 for physical injuries sustained at the age of five, the now-13-year-old’s psychological scars were overlooked until a recent Gauteng High Court appeal replaced the award with a more fitting R1 million.
Represented by a curator, F’s case was successfully appealed, leading Judge Kooverjie to replace the original sum with a more appropriate R1 million. The curator argued that the initial award did not reflect the extent of F’s long-term mental and behavioural challenges, as highlighted by expert testimonies. Medical experts testified that the accident had left F with permanent scarring and psychological issues affecting his self-esteem and relationships. They recommended long-term therapy to address anxiety and post-traumatic stress disorder (PTSD), triggered by memories of the accident.
The court emphasised the importance of considering F’s psychological and emotional difficulties, which had initially been overlooked. In Judge Kooverjie’s words, “It is evident that the trial court failed to evaluate the minor’s psychological, cognitive, and emotional sequelae, which had been identified by the experts. This, in my view, is material and requires interference with the award of the court a quo.” Without a doubt, her decision to increase the damages reflects a fair assessment of F’s comprehensive needs beyond physical recovery.
This case underscores the importance of holistic compensation in such tragic circumstances, ensuring that both physical and psychological impacts are adequately addressed. It is a reminder that compensation should not stop at the surface. After all, as F’s case proves, healing bruises is one thing, but mending a childhood? That’s priceless.
Written by Theo Tembo
The Legal Desk 
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