Road Accident Fund v Marunga

The respondent, a 19-year-old scholar at the time, was injured in a 1993 collision between a motor vehicle insured by the Road Accident Fund (RAF) and his bicycle. He sustained a fractured left femur, soft tissue chest injuries, and multiple bruises. He underwent extensive medical treatment, including surgery involving plates and screws, lengthy hospitalisation, prolonged use of crutches, and later further surgery to remove implants. Complications resulted in a mal-union and shortening of his left leg, causing permanent disability, pain, restricted mobility, inability to participate in sport, and disfigurement. The Venda High Court awarded him R375 000 in general damages (subject to a 60% apportionment). The RAF appealed, contending that the award was excessive.

The appeal was upheld with costs. The trial court’s award of R375 000 in general damages was set aside and replaced with an award of R175 000 (subject to the existing apportionment).

This case is a leading South African authority on appellate interference with awards of general damages. It clarifies that inadequate reasoning by a trial court, coupled with a striking disparity between the award and comparable cases, justifies appellate intervention. The judgment is frequently cited for its guidance on the role of past awards, the requirement to give reasons, and the modern approach to assessing non-patrimonial damages.