Aadil Mangera obo Zaheer Mangera v Road Accident Fund

The plaintiff, Aadil Mangera, sued the Road Accident Fund in his capacity as the father and natural guardian of his minor son, Zaheer Mangera, who was injured in a motor vehicle accident on 29 September 2017 in Benoni. Zaheer, then aged 10 and a Grade 4 learner, was a passenger when the insured driver lost control of the vehicle, causing it to overturn. He sustained severe injuries including a mild traumatic brain injury, multiple facial fractures, permanent facial disfigurement, dental loss, and various soft tissue injuries. The injuries resulted in long-term neurocognitive deficits, psychological difficulties, impaired educational functioning, and reduced future employment prospects. The RAF conceded liability and settled general damages and future medical expenses, leaving only loss of earning capacity and past medical expenses for determination.

The Road Accident Fund was ordered to pay 100% of the plaintiff’s proven damages in the total amount of R7,659,754.47, comprising R1,300,000.00 for general damages, R5,167,506.30 for loss of earning capacity, and R1,192,248.17 for past medical expenses. The RAF was further ordered to furnish a section 17(4)(a) undertaking for future medical expenses, pay interest if payment was delayed, and cover the plaintiff’s costs. Detailed orders were made for the establishment and administration of a trust for the benefit of the minor child.

This judgment is significant for its detailed application of principles governing loss of earning capacity in respect of a minor child, including the assessment of educational derailment and neurocognitive impairment. It reaffirms the preference for actuarial evidence, clarifies the application of contingencies for minors, and confirms that medical aid payments remain collateral benefits not deductible from RAF claims. The case also illustrates robust judicial oversight in structuring trusts to protect the interests of severely injured minors.