CAPE MAN AWARDED R5.4m AFTER TRAIN ATTACK

An arm amputee will be compensated to the tune of R5.4million by the Passenger Rail Agency of South Africa (Prasa) for medical expenses and loss of earnings.

This comes after the man was attacked on a train on August 26, 2017, at the Koeberg station in Cape Town. His unknown assailants pushed him through the open doors of the train.

The foreign national underwent an above-elbow amputation of the left arm and sustained soft tissue injury to the lumbar spine.

The man, who holds a matric-equivalent qualification from the Democratic Republic of Congo, was gainfully employed as a Code 14 driver at the time of the incident and has since been unable to work. He now assists his spouse as an informal trader selling fresh produce from a temporary stall at their home.

Two industrial psychologists gave expert witness and submitted that he was unable to resume his work role as a truck driver or similar, or any other work roles in line with his level of education and job skills in the open labour market at the time of the incident.

Two orthopaedic surgeons, who also gave expert testimony during proceedings, agreed that the man is limited to doing activities needing one arm. 

He cannot return to work as a truck driver, but could be trained to do alternative clerical or supervisory work, should the opportunity arise.

Judge Melanie Holderness ruled that Prasa pay the plaintiff through the plaintiff’s attorney, the sum of R5.475 million.