Bekker N.O obo Wessels v Road Accident Fund (2822/2021) [2023] ZAFSHC 443 (9 November 2023)

Bekker N.O obo Wessels v Road Accident Fund (2822/2021) [2023] ZAFSHC 443 (9 November 2023)

The court found that the plaintiff suffered severe injuries in the motor vehicle accident, including traumatic brain injury and amputation, which significantly compromised her earning capacity. However, the evidence did not support total unemployability, as Ms Wessels managed to secure employment post-accident, albeit with difficulty. The court rejected the assumption that she would have attained NQF level 5, finding that her academic and employment history was inconsistent and unverified. The court applied a higher contingency deduction of 25.5% to future loss of income, compensating her at NQF level 4. The total award for past and future loss of income was calculated at R4,483,345.90....

Citation
[2023] ZAFSHC 443
Parties
Plaintiff: Advocate Chrisna Bekker N.O obo Luhette Wessels; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 November 2023
Case Number
2822/2021
Procedural Posture
Civil Trial / Judgment After Trial on Quantum and Liability
Outcome
The plaintiff's claim for past and future loss of income is upheld, with quantum adjusted for contingencies. The defendant is ordered to pay the capital amount, provide a Section 17(4)(a) undertaking, and costs. A trust is to be established for the management of the award.
Judges
Vele
Legal Topics
Road Accident Fund Act, Quantification of Damages, Loss of Earning Capacity, Expert Evidence, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Quantification of Damages Loss of Earning Capacity Expert Evidence Contingency Deductions

Case Brief

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Parties

Advocate Chrisna Bekker N.O obo Luhette Wessels

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Quantum and Liability

Legal Issues

  1. 1 Whether the defendant is liable to compensate the plaintiff for damages suffered as a result of the motor vehicle accident.
  2. 2 What is the appropriate quantum for past and future loss of income suffered by Ms Wessels.
  3. 3 Whether the plaintiff is unemployable or her earning capacity is merely compromised.

Ratio Decidendi

The court found that the plaintiff suffered severe injuries in the motor vehicle accident, including traumatic brain injury and amputation, which significantly compromised her earning capacity. However, the evidence did not support total unemployability, as Ms Wessels managed to secure employment post-accident, albeit with difficulty. The court rejected the assumption that she would have attained NQF level 5, finding that her academic and employment history was inconsistent and unverified. The court applied a higher contingency deduction of 25.5% to future loss of income, compensating her at NQF level 4. The total award for past and future loss of income was calculated at R4,483,345.90....

Court Disposition

The plaintiff's claim for past and future loss of income is upheld, with quantum adjusted for contingencies. The defendant is ordered to pay the capital amount, provide a Section 17(4)(a) undertaking, and costs. A trust is to be established for the management of the award.

Orders

  • The defendant is ordered to pay the plaintiff R6,064,079.90 for past and future loss of income resulting from the accident.
  • The defendant shall furnish the plaintiff with an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for 100% of the costs of future accommodation, treatment, and services arising from the injuries.