A passenger who was struck by a stone and fell has won R3.5m in a damages claim against Prasa.
According to a report published by SowetanLive, the passenger, identified as Siyamthanda Maphela, was struck by a rock thrown through carriages, after which he fell from the moving train. The incident happened in March 2019 while Maphela was traveling from school in Mowbray, Cape Town, with his friend.
He was 17 at the time and suffered a right frontal decompressed skull fracture and blunt trauma injuries to his upper and lower body. Maphela underwent treatment at a hospital and suffered shock, pain, loss of life amenities, and loss of earning capacity.
Testifying in court, Maphela revealed the train was packed and overcrowded with passengers. He couldn’t sit on the chairs. The court judgment read, “he stood facing the open door of the carriage. …people stood on either side of him in a formation he described as ‘in a line.'”
“The train left the mutual station with its carriage doors open. While en route, the plaintiff felt something striking or hitting the right side of his forehead. He does not know what struck him. He regained consciousness in Groote Shuur Hospital.”
Western Cape High Court acting judge Masudah Pangarker said Siyamthanda Maphela’s claim on the merits was upheld. Prasa was ordered to pay all his costs on an attorney and client scale, including senior counsel costs. Read the full article here.
