Baloyi-Mbembele obo N.M v Road Accident Fund (1104/2021) [2023] ZAFSHC 169 (18 May 2023)

Parties

Procedural Posture

Civil Trial / Judgment on Quantum of Damages

Legal Issues

1. 1 Whether the minor suffered a loss of future earnings as a result of injuries sustained in the motor vehicle accident.
2. 2 What is the appropriate quantum of damages for future loss of earnings.
3. 3 Whether the defendant is liable for future medical expenses under section 17(4) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the minor sustained injuries in the accident that negatively impacted her cognitive and physical abilities, resulting in diminished scholastic achievement and reduced future earning capacity. Expert evidence from both parties supported the conclusion that, but for the accident, the minor would have completed Grade 12 and obtained a diploma, entering the labour market at a higher earning level. The court applied contingency deductions to account for future uncertainties and determined the quantum of damages for future loss of earnings based on actuarial calculations and expert opinions. The defendant was ordered to pay the plaintiff R7,455,530.00 for future loss of...

Court Disposition

Plaintiff's claim for future loss of earnings is upheld. Defendant ordered to pay damages and provide an undertaking for future medical expenses.

Orders

• The defendant is ordered to pay the plaintiff R7,455,530.00 in respect of future loss of earnings plus costs.
• The defendant shall furnish the plaintiff with an undertaking in terms of section 17(4) of the Road Accident Fund Act, 56 of 1996 for future medical expenses arising out of the injuries sustained by the minor in the motor vehicle accident that occurred on 17 December 2014.