Prudence Dibakoane, a hairdresser from South Africa, has been awarded R2.67m by the Mbombela high court after a judge found that her injuries had significantly impacted her earning capacity. Dibakoane lost her right middle and ring fingers in a car accident on March 26, 2022. The Road Accident Fund (RAF) accepted full liability for the accident, conceding fault without disputing the driver's negligence.
At the time of the accident, Dibakoane was working as a hairdresser at Split-ends salon, earning approximately R6,200 per month. Following the accident, she spent a year recovering before returning to work, but her earnings decreased to R3,800 per month. Despite her efforts to rebuild her career, Dibakoane's injuries continued to affect her work, and she often required assistance at her salon, including someone to wash clients' hair.
An occupational therapist assessed Dibakoane's condition and found that she had below-average grip strength in her injured right hand. The therapist concluded that her limitations and pain would impact her ability to work at the same level as uninjured colleagues. The court heard that Dibakoane's injuries had slowed her down, and she could no longer perform certain hairstyles as she had before the accident.
Dibakoane estimated that she had lost about 10 clients per month due to her slower work pace. Despite these challenges, she started her own salon, Vivian Salon, in October 2024, and initially earned approximately R9,800 per month. However, her income later declined to around R8,000 per month. The court considered these factors when determining the impact of her injuries on her earning capacity.
The RAF disputed an industrial psychologist's projection that Dibakoane would have progressed to higher earnings through self-employment. However, Judge Ngwenya rejected this argument, citing the objective evidence that supported Dibakoane's transition into self-employment despite her injuries. The judge found that her earnings had risen to R9,800, minus costs, despite her reduced working speed.
Judge Ngwenya ordered the RAF to pay Dibakoane R2,669,334.25 for her past and future loss of earnings. The fund was also ordered to pay interest at 10.25% per annum from the date of judgment until payment, as well as Dibakoane's legal costs. Additionally, the court ordered the RAF to provide an undertaking covering 100% of the costs of her future accident-related medical, hospital, and related treatment, subject to proof.
However, Dibakoane's claim for general damages was postponed indefinitely pending the outcome of the referral of her serious injury assessment to the Health Professions Council of South Africa. The court's decision highlights the significant impact of road accidents on individuals' livelihoods and the importance of adequate compensation for those affected.
Key points
- The Road Accident Fund was ordered to pay R2.67m to Prudence Dibakoane for her past and future loss of earnings.
- Dibakoane lost two fingers in a car accident on March 26, 2022, which significantly impacted her earning capacity as a hairdresser.
- The court also ordered the RAF to cover 100% of Dibakoane's future accident-related medical costs, subject to proof.
