Basson v Road Accident Fund (70963/2013) [2014] ZAGPPHC 525 (10 June 2014)

Basson v Road Accident Fund (70963/2013) [2014] ZAGPPHC 525 (10 June 2014)

The court found that the defendant admitted full liability for the plaintiff's proven or agreed damages arising from both accidents. Expert evidence was inconsistent regarding the apportionment of injuries, with initial recommendations of 20% and 80%, later shifting to 50% each. The court held that there was no sensible legal basis to deprive the plaintiff of 30% of future medical expenses, as all injuries were related to the two accidents and the defendant did not allege any other cause. The determination of the exact percentage for future medical expenses would be impractical and potentially unjust. Therefore, the defendant was ordered to furnish the plaintiff with an unlimited...

Citation
[2014] ZAGPPHC 525
Parties
Plaintiff: Nicolaas Marthinus Basson; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 June 2014
Case Number
70963/2013
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. Defendant ordered to pay damages and provide an unlimited undertaking for future medical expenses.
Judges
Ledwaba
Legal Topics
Road Accident Fund, Future Medical Expenses, Apportionment of Liability, Section 17 Undertaking
Civil Procedure Delict Road Accident Fund Future Medical Expenses Apportionment of Liability Section 17 Undertaking

Case Brief

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Parties

Nicolaas Marthinus Basson

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 What is the appropriate percentage for the undertaking under section 17(4)(a) of the Road Accident Fund Act for future medical expenses resulting from two separate motor vehicle accidents.
  2. 2 Should the defendant be liable for 100% of the plaintiff's future medical expenses given the expert evidence and prior court orders.
  3. 3 Is there a legal basis to deprive the plaintiff of 30% of future medical expenses.

Ratio Decidendi

The court found that the defendant admitted full liability for the plaintiff's proven or agreed damages arising from both accidents. Expert evidence was inconsistent regarding the apportionment of injuries, with initial recommendations of 20% and 80%, later shifting to 50% each. The court held that there was no sensible legal basis to deprive the plaintiff of 30% of future medical expenses, as all injuries were related to the two accidents and the defendant did not allege any other cause. The determination of the exact percentage for future medical expenses would be impractical and potentially unjust. Therefore, the defendant was ordered to furnish the plaintiff with an unlimited...

Court Disposition

Judgment for the plaintiff. Defendant ordered to pay damages and provide an unlimited undertaking for future medical expenses.

Orders

  • The defendant shall pay the sum of R 1 195 601.00 to the plaintiff's attorneys, Erasmus-Scheepers Attorneys, by direct transfer into their trust account.
  • The undertaking in terms of Section 17(4)(a) granted in the previous court order dated 13 September 2012 in case number 58104/2009 is withdrawn or set aside.