The Free State MEC for public works, roads and transport must pay more than R10-million to a man from Hartswater after he sustained permanent brain damage in a road accident, the Volksblad newspaper reported on Wednesday.

The Free State High Court held in favour of Berto Esterhuizen (26) and his father, Theo, who would also get about R280,000 for medical costs for his son in a claim that was instituted.

The court's decision followed an earlier finding that the condition of the road, specifically the difference in height of the shoulder (between the tar level and gravel) in the vicinity of the accident was a danger to road users.

The report said the MEC had already paid R1-million to the father for medical and other costs. Berto, a former student at the Boland-College , was a good sportsman before the accident.

Berto was one of three passengers in the vehicle. The court also found in favour of the other passengers of the BMW vehicle that was involved in the accident.

The accident occurred late at night on June 22, 2001 while the group returned to Hartswater from Bloemfontein. The driver of the vehicle tried to avoid wild animals on the road and it landed on the shoulder of the road.

The court still has to decide on the other claims by the passengers in the vehicle. Some had sustained brain, back and neck injuries.

Sapa