B V v Road Accident Fund (76/2012) [2020] ZAFSHC 214 (23 November 2020)

B V v Road Accident Fund (76/2012) [2020] ZAFSHC 214 (23 November 2020)

The plaintiff suffered severe and permanent injuries in a motor vehicle collision, resulting in total incapacity to work and significant loss of earning capacity. Expert evidence established that the plaintiff cannot compete in the open labour market and will never recover sufficiently to resume his profession or other business activities. The court accepted the actuarial and expert reports quantifying past and future loss of income, applying reasonable contingency deductions of 5% for past loss and 15% for future loss. The court exercised its discretion to award general damages for pain, suffering, and loss of amenities of life, considering the severity and permanence of the injuries....

Citation
[2020] ZAFSHC 214
Parties
Plaintiff: B V; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 November 2020
Case Number
76/2012
Procedural Posture
Civil Trial / Quantum and Damages Determination After Liability Established
Outcome
Judgment granted in favour of the plaintiff for 40% of proven damages, including general damages, past and future loss of earnings, and past medical expenses.
Judges
MBHELE
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Quantum of Damages, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Quantum of Damages Contingency Deductions

Case Brief

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Parties

B V

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum and Damages Determination After Liability Established

Legal Issues

  1. 1 What is the appropriate quantum for general damages, past and future loss of earnings, and past medical expenses suffered by the plaintiff as a result of the motor vehicle collision.
  2. 2 Whether the plaintiff is entitled to compensation for permanent impairment and inability to work.
  3. 3 What contingency deductions are reasonable for past and future loss of income.

Ratio Decidendi

The plaintiff suffered severe and permanent injuries in a motor vehicle collision, resulting in total incapacity to work and significant loss of earning capacity. Expert evidence established that the plaintiff cannot compete in the open labour market and will never recover sufficiently to resume his profession or other business activities. The court accepted the actuarial and expert reports quantifying past and future loss of income, applying reasonable contingency deductions of 5% for past loss and 15% for future loss. The court exercised its discretion to award general damages for pain, suffering, and loss of amenities of life, considering the severity and permanence of the injuries....

Court Disposition

Judgment granted in favour of the plaintiff for 40% of proven damages, including general damages, past and future loss of earnings, and past medical expenses.

Orders

  • Defendant is ordered to pay the plaintiff the amount of R6,925,200.53, comprising 40% of general damages, past loss of income, future loss of income, and past medical expenses.
  • The amount is to be paid into the specified attorneys' trust account.