Bamfo v Road Accident Fund (666/08) [2011] ZAECGHC 55 (20 October 2011)

Bamfo v Road Accident Fund (666/08) [2011] ZAECGHC 55 (20 October 2011)

The court found the plaintiff to be a credible witness whose evidence regarding his employment and earnings at the time of the accident was supported by documentary and expert evidence. The court accepted that the plaintiff was earning R7,600 per month as a bricklayer at the time of the accident. The court applied contingency deductions of 5% for past loss, 15% for future loss but for the accident, and 40% (rather than the 70% proposed by the plaintiff) for future loss in the injured state, considering the plaintiff's limited prospects of employment due to his injuries. The total damages for loss of earnings were calculated accordingly, and judgment was granted in favour of the plaintiff.

Citation
[2011] ZAECGHC 55
Parties
Plaintiff: Charles Kwame Bamfo; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
20 October 2011
Case Number
666/08
Procedural Posture
Civil Trial / Quantum of Damages for Loss of Earnings
Outcome
Judgment for the plaintiff for damages for loss of earnings.
Judges
Griffiths
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, Expert Evidence
Delict Road Accident Fund Act Loss of Earnings Contingency Deductions Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Kwame Bamfo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages for Loss of Earnings

Legal Issues

  1. 1 Whether the plaintiff was earning an income at the time of the accident and, if so, the amount thereof.
  2. 2 What contingencies should be applied to the calculation of past and future loss of earnings.
  3. 3 Whether the plaintiff has established a claim for loss of earnings rather than loss of earning capacity.

Ratio Decidendi

The court found the plaintiff to be a credible witness whose evidence regarding his employment and earnings at the time of the accident was supported by documentary and expert evidence. The court accepted that the plaintiff was earning R7,600 per month as a bricklayer at the time of the accident. The court applied contingency deductions of 5% for past loss, 15% for future loss but for the accident, and 40% (rather than the 70% proposed by the plaintiff) for future loss in the injured state, considering the plaintiff's limited prospects of employment due to his injuries. The total damages for loss of earnings were calculated accordingly, and judgment was granted in favour of the plaintiff.

Court Disposition

Judgment for the plaintiff for damages for loss of earnings.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R1,214,640.00.
  • The defendant is ordered to pay the plaintiff's costs of the action incurred in respect of the claim for loss of income, including qualifying fees, charges, and/or expenses of Ms. Andiswa Gowa, Mr. Gideon de Koch, and Dr. Robert J. Koch.