Well past the usual retirement age, 68-year-old Durban man Gabriel Bosman still led an active life and operated a car-repair business.
However, his life changed dramatically after he suffered serious injuries in a motorcycle crash in 2008, and he could no longer work.
Bosman sued the Road Accident Fund for damages and was awarded more than R1 million for loss of income by a Durban High Court judge.
The judgment, by Judge Mohini Murugasen, which was handed down this week, awarded Bosman R1.1m for loss of income, R200 000 for general damages and R16 802 for hospital and medical expenses.
The amount for loss of income was based on actuarial calculations and on the basis that Bosman would have retired when he was 75.
His lawyer, Anelda Benade, said the fund was also liable to pay costs, including the costs of six expert witnesses, and had given an undertaking to pay for any future medical expenses incurred by Bosman if they were related to the injuries sustained in the crash.
Bosman was injured in a crash in June 2008 on the R61 near Port Edward. He had been riding a motorcycle on the highway when a bakkie swerved into his path.
While the Road Accident Fund admitted it was liable for damages, the amount was left to the court to decide.
Judge Murugasen said Bosman, a qualified motor mechanic, had sustained injuries to his head, neck, shoulder and chest. She said he had worked as a mechanic for most of his life and had been earning about R15 000 a month at the time of the crash.
His exact income could not be determined because he could not provide any proof in the form of invoice or receipt books as his business involved cash transactions.
The judge found that he had sustained moderate brain damage and significant orthopaedic injuries.
Fatigue
“His hand functions were limited and he could only perform light and medium tasks. His efficiency was also compromised by fatigue. Therefore the injuries diminished his vocational capacity to work as a motor mechanic and consequently impacted on his ability to generate an income.”
Bosman said he was pleased with the outcome of the case.
“The past four years have been hell for my wife and I. We have struggled financially because I could not work after the accident. I would be able to do a few tasks, but if I was distracted I would forget what I was doing. So I had to stop working because you cannot make mistakes when you are working on vehicles.”
Bosman praised his legal team, saying he had not expected to receive a large sum.
“I knew they would have to pay something, but I did not think it would be this much. All credit must go to my legal team; they were wonderful.”
