The Western Cape High Court has ordered the Passenger Rail Agency of South Africa (Prasa) to pay R6.4 million to Aviwe Hopewell Tobi, a Gugulethu man who suffered life-altering injuries after being pushed from a moving train in 2013.
Acting Judge Fareed Moosa delivered the judgment on Monday, marking a significant victory for Tobi, now 37, whose life was irrevocably changed by the incident near Bonteheuwel. At the time of the incident, Tobi was 25 years old.
The incident resulted in severe injuries, including the amputation of his lower right leg, chronic pain, and permanent disability, rendering him incapable of physical work. Tobi spent over a month in Groote Schuur Hospital, undergoing extensive medical treatment and rehabilitation.
His injuries included a crushed right ankle and foot requiring amputation, severe damage to his left ankle and foot requiring skin grafts, a serious laceration to his skull resulting in permanent scarring, and abrasions to his shoulder and abdomen. Medical experts testified that Tobi will require ongoing and extensive medical care, including prosthetic devices, for the rest of his life.
Prasa had already conceded to 50% liability for Tobi's proven damages. The trial focused on determining the appropriate compensation amount to cover Tobi's extensive and lifelong medical needs.
A key point of contention was the determination of Tobi's life expectancy for calculating future losses. Judge Moosa rejected the use of actuarial tables that lowered life expectancy estimates based on income levels, deeming the practice rooted in apartheid-era discrimination. He ruled that relying on these tables would infringe upon Tobi's constitutional rights to equality and dignity, opting instead for a more favorable life expectancy estimate.
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