Question
On the 22th July 2017 and at approximately 11h14 Mrs Khwezi Daka (38 years old) was driving a grey VW Polo (Reg. No: 735 246
On the 22th July 2017 and at approximately 11h14 Mrs Khwezi Daka (38 years old) was driving a grey VW Polo (Reg. No: 735 246 EC) along Second Avenue in East London. A collision occurred between a vehicle driven by Mrs Daka and a white Toyota Quantum (Reg. No: 180 256 EC) driven by one Mr Sakhumzi Ngozi. Mr Ngozi was solely to blame for the collision. Mrs Daka was taken to hospital where after medical examination it transpired that she suffered a compression fractures of T8 and T12 of the thoracic spine. She had to undergo medical treatment; experienced and will experience in future pain, suffering and discomfort; has been disabled and will suffer further disability in future; suffered and will suffer a loss of amenities of life. Prior to the accident Mrs Daka was employed as a Land Surveyor by P & P Civils (Pty) Ltd earning R66 000, 00 per month. She was unable to work for 8 months and only received sick leave for 3 months. She has returned to work but due to her disabilities she can only perform light and office bound duties. The requisite claim documents have been lodged with the Road Accident Fund (RAF). There has been due compliance with the procedural and other requirements of the Road Accident Act. Despite compliance with the requirement set by the Act relating to the lodgement of claims, no settlement has been forthcoming from the RAF. You have been instructed by Mrs Khwezi to proceed to institute litigation against the RAF. In this regard, you are required to draft ONLY the Particulars of Claim to be annexed into Combined Summons using the above facts.
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