Baloyi v Road Accident Fund (34973/12) [2015] ZAGPPHC 861 (23 October 2015)

Baloyi v Road Accident Fund (34973/12) [2015] ZAGPPHC 861 (23 October 2015)

The court found that the plaintiff's injuries have permanently compromised her ability to work as a street hawker, requiring her to employ an assistant and resulting in a measurable loss of earnings. While the defendant's arguments for punitive deductions were rejected, the court agreed that higher than normal contingencies should be applied due to the lack of documentary evidence and the uncertainties raised. The court accepted the actuarial calculations and applied a 20% contingency deduction to pre-morbid future income and a 30% deduction to post-morbid future income. The total loss of earnings was calculated at R445,894.80, which the court awarded to the plaintiff.

Citation
[2015] ZAGPPHC 861
Parties
Plaintiff: Baloyi Martha; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2015
Case Number
34973/12
Procedural Posture
Civil Trial / Quantum of Damages (loss of Earnings)
Outcome
Plaintiff's claim for loss of earnings succeeds.
Judges
E.M. Kubushi
Legal Topics
Loss of Earnings, Personal Injury, Contingency Deductions, Future Medical Expenses
Delict Loss of Earnings Personal Injury Contingency Deductions Future Medical Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

Baloyi Martha

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages (loss of Earnings)

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for loss of earnings resulting from injuries sustained in a motor vehicle accident.
  2. 2 What contingency deductions should be applied to the calculation of future loss of earnings.
  3. 3 Whether the plaintiff's evidence regarding her employment and income is sufficiently credible and supported.

Ratio Decidendi

The court found that the plaintiff's injuries have permanently compromised her ability to work as a street hawker, requiring her to employ an assistant and resulting in a measurable loss of earnings. While the defendant's arguments for punitive deductions were rejected, the court agreed that higher than normal contingencies should be applied due to the lack of documentary evidence and the uncertainties raised. The court accepted the actuarial calculations and applied a 20% contingency deduction to pre-morbid future income and a 30% deduction to post-morbid future income. The total loss of earnings was calculated at R445,894.80, which the court awarded to the plaintiff.

Court Disposition

Plaintiff's claim for loss of earnings succeeds.

Orders

  • The defendant is ordered to pay the plaintiff R445,894.80 for loss of earnings.
  • The defendant is ordered to pay the plaintiff's costs of suit, including the costs of the orthopaedic surgeon, occupational therapist, vocational psychologist, and actuary.