Delict: R1.5m damages for passenger pushed off train

A man who worked as a packer is due to receive about R1.5m in damages after he suffered injuries when he was accidentally pushed out of a crowded train. The Mercury reports Sello Thaha suffered severe injuries to his back and neck, and as a result lost his job as he could no longer lift heavy crates. He told the Gauteng High Court (Pretoria) Prasa had a duty to ensure the safety of its passengers and not to allow trains to move while the doors were open. Prasa, on the other hand, argued that Thaha should also be held accountable because he should not have boarded an overcrowded train. The court earlier ruled that Prasa was 90% liable for the damages which Thaha could prove that he had suffered.

Judge Colleen Collis has now ruled that Prasa should pay various amounts to him, which include general damages and loss of earnings, amounting to about R1.5m. The court found that Thaha was a lawful passenger on the train from Germiston to Katlehong. His evidence that the train doors from Olifantsfontein to Germiston were closed but were open from Germiston to Katlehong, was accepted by the court. Prasa did not dispute this. The court found that Prasa had a duty to ensure commuter safety. It referred to the Constitutional Court judgment in Mashongwa v Prasa, which said: ‘Public carriers like Prasa have always been regarded as owing a legal duty to their passengers to protect them from suffering physical harm while making use of their transport service.’ The apex court further said if this duty was breached, it could lead to Prasa being liable for commuters’ damages.