A traditional healer who had lost her sense of smell and taste - an essential element in her work to especially smell the herbs and fruit which she uses in her trade - was awarded an amount of R2.7-million.
This is payable to her by the Road Accident Fund in respect of loss of future earnings.
The woman, who is not identified as her claim against the fund entailed details about excessive scarring and other bodily injuries, turned to the Mpumalanga high court, sitting in Mbombela, where she claimed damages from the RAF.
Several other amounts had already been paid to her regarding her claim, but the court now had to deal with the fact that she can no longer work as a traditional healer, which was her main source of income.
The plaintiff sustained severe trauma during the collision. The injuries include a frontal bone fracture, several other fractures, and the loss of an eye. Apart from being treated in hospital for her various injuries, she also received psychological treatment.
According to an orthopaedic surgeon, the plaintiff suffers from multiple ongoing complaints, which include the fact that she has lost her left eye and bears extensive scarring on the left side of her face.
She also has left-sided facial nerve palsy, which affects her ability to eat and drink, causing fluids to dribble from the left side of her mouth.
The plaintiff experiences weekly headaches, reports a decline in memory, and continues to require regular dressings for her left foot due to incomplete healing.
She requires daily analgesics to manage pain in her lumbar spine and continues to experience facial asymmetry and extensive facial scarring. Additionally, she exhibits sequelae from a head injury, as well as soft tissue injuries to the cervical and lumbar spine.
A reconstructive surgeon concluded in his report that the plaintiff’s facial scarring prevents her from consulting directly with clients, which directly impacts her income.
Furthermore, due to trauma to her lower leg, she is unable to collect herbs in the bush as she previously did, as movement now causes her significant pain and difficulty.
While scar revision surgery may improve the quality of the facial scar, the plaintiff will nonetheless retain a visible scar extending from her right forehead to her left mandibular border, which cannot be concealed, even with make-up.
The court was told that the plaintiff’s pain, injuries, and scarring serve as persistent reminders of the trauma and the life she has lost.
The plaintiff, 31, meanwhile, testified that she has been practicing as a traditional healer since 2012. She explained that being a traditional healer requires sensitivity and the ability to receive and interact with clients appropriately.
This involves undergoing specific rituals, such as the dancing ritual, and training in identifying and using traditional fruits for various rituals and treatments, which necessitates the ability to smell and taste these fruits.
She testified that due to the collision, her sense of smell and taste has been impaired, which severely impacts her ability to perform her work as a traditional healer. She indicated that she can no longer independently identify or mix traditional items and now requires assistance to fulfil her duties.
An occupational therapist testified that the plaintiff’s occupation as a traditional healer, according to the Dictionary of Occupational Titles, falls into the medium strength category.
This classification is due to the physical demands of sourcing medicinal plants and herbs in the bush, which the plaintiff now struggles to perform.
Upon review of the evidence, Acting Judge L Coetzee said it is clear that the plaintiff has suffered a significant loss of income as a direct consequence of the severe injuries sustained in the collision.
“The plaintiff’s loss of smell and taste, critical senses required for her role as a traditional healer, has substantially compromised her ability to perform her professional duties,” the judge said in ordering the RAF to pay her R2.7 million for loss of earnings.
Pretoria News