A.M v Road Accident Fund (56080/2012) [2020] ZAGPPHC 23 (21 February 2020)

A.M v Road Accident Fund (56080/2012) [2020] ZAGPPHC 23 (21 February 2020)

The court found that the plaintiff's post-accident earning capacity should be determined at the midpoint between the median and upper semi-skilled income levels, namely R116,000 per annum, as the plaintiff will not progress beyond semi-skilled work due to his injuries and educational limitations. The court rejected the plaintiff's argument for a 70% contingency deduction, finding it excessive and unsupported by the circumstances. Instead, the court accepted the defendant's proposal of a 35% contingency deduction, which equates to 4.2 months of the year and is appropriate given the plaintiff's increased but not overwhelming risk of unemployment. After applying the agreed pre-accident...

Citation
[2020] ZAGPPHC 23
Parties
Plaintiff: A.M; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 February 2020
Case Number
56080/2012
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Plaintiff awarded damages for loss of earning capacity as calculated, with costs as agreed between the parties.
Judges
Millar
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Apportionment of Liability
Delict Civil Procedure Loss of Earning Capacity Contingency Deductions Apportionment of Liability

Case Brief

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Parties

A.M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 What is the appropriate post-accident income scenario for the plaintiff.
  2. 2 What contingency deduction should be applied to the plaintiff's post-accident earning capacity.

Ratio Decidendi

The court found that the plaintiff's post-accident earning capacity should be determined at the midpoint between the median and upper semi-skilled income levels, namely R116,000 per annum, as the plaintiff will not progress beyond semi-skilled work due to his injuries and educational limitations. The court rejected the plaintiff's argument for a 70% contingency deduction, finding it excessive and unsupported by the circumstances. Instead, the court accepted the defendant's proposal of a 35% contingency deduction, which equates to 4.2 months of the year and is appropriate given the plaintiff's increased but not overwhelming risk of unemployment. After applying the agreed pre-accident...

Court Disposition

Plaintiff awarded damages for loss of earning capacity as calculated, with costs as agreed between the parties.

Orders

  • The defendant is ordered to pay the plaintiff R4,889,650 for loss of earning capacity.
  • The draft order marked 'XYZ' regarding costs is made an order of court.