Wednesday's judgment deeming the Road Accident Fund (RAF) Amendment Act constitutional and lawful was "most unfortunate", the South African Association of Personal Injury Lawyers (SAAPIL) said.

"It means that every road accident victim injured after August 1, 2008, and those yet to be injured will continue, as a result of the judgment, to be deprived of private health care for life," said SAAPIL president Ronald Bobroff.

The application by the Legal Society of South Africa (LSSA), SAAPIL and others to declare the Act unconstitutional and unlawful was dismissed by Acting Judge Hans Fabricius in the High Court in Pretoria.

"Even seriously injured victims will be deprived of any compensation... if you break both arms and both legs in terms of the amendment you are not seriously injured," he said.

Bobroff was studying the judgment, of some 200 pages, and would decide on a way forward thereafter.

"We believe that there are many grounds for appeal," he said, adding that it may be a matter to eventually go before the Constitutional Court. He said that the application was "not a lawyers' battle".

"There was a whole host of applicants with major organisations representing disabled persons."

Applicants included the Quadpara Association of South Africa and the National Council for Persons with Physical Disabilities in South Africa.

The LSSA was still studying the judgment and could not immediately comment.

The RAF welcomed the judgment saying that at stake was the R7-billion in legal fees that the legal profession took out of the R11-billion compensation paid by the RAF road accident victims each year.

"The legal profession has been exceptionally greedy, robbing ordinary South Africans of benefits they pay for through the fuel levy every time they fill up their cars or pay for taxi and bus fares," said RAF chief executive Jacob Modise in a statement.

According to the RAF, key amendments to the RAF Act included removing discrimination against passengers whose claims were limited to R25 000 and introducing an emergency medical tariff set at private sector rates.

It also included measures to curb abuse and fraud by removing claims for emotional shock, and limiting payment for general damages to those seriously injured.

Transport Minister Sibusiso Ndebele welcomed the judgment saying that it ensured equity for all.

"This judgment upholds the Transport Department's commitment, through the Road Accident Fund Amendment Act, to ensuring equity for all South African road users," he said in a statement.

"This ensures that the indemnity against civil action, implied in the contribution we all make to the RAF through the fuel levy, is recognised.

"While the right of access to the courts through bringing civil action is an important right, in practice the great majority of South Africans can rarely exercise this right because of the costs involved."