Bester v Road Accident Fund (84510/2014) [2016] ZAGPPHC 1240 (11 November 2016)

Bester v Road Accident Fund (84510/2014) [2016] ZAGPPHC 1240 (11 November 2016)

The court found that, based on expert evidence and the plaintiff's limited intellectual capacity and lack of formal training, it is unrealistic to expect the plaintiff to find future employment. The plaintiff relied on physical work as his only viable means of earning an income, which he lost due to the injuries sustained in the accident. The court accepted the actuarial calculation of R1,280,147.00 for loss of earnings and awarded this amount, taking into account the likelihood that the plaintiff would have worked until age 70 due to lack of financial planning. The court also ordered general damages, costs, and an undertaking for future medical expenses under section 17(4)(a) of the Road...

Citation
[2016] ZAGPPHC 1240
Parties
Plaintiff: Wesley Bester; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 November 2016
Case Number
84510/2014
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for loss of earnings is upheld; damages and costs awarded.
Judges
Janse van Nieuwenhuizen
Legal Topics
Loss of Earnings, Road Accident Fund Act, Quantification of Damages, Future Medical Expenses
Delict Civil Procedure Loss of Earnings Road Accident Fund Act Quantification of Damages Future Medical Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

Wesley Bester

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for loss of earnings resulting from injuries sustained in a motor vehicle collision.
  2. 2 Whether the plaintiff should be deemed unemployable post-morbid or subject to a higher contingency deduction.
  3. 3 What quantum should be awarded for loss of earnings.

Ratio Decidendi

The court found that, based on expert evidence and the plaintiff's limited intellectual capacity and lack of formal training, it is unrealistic to expect the plaintiff to find future employment. The plaintiff relied on physical work as his only viable means of earning an income, which he lost due to the injuries sustained in the accident. The court accepted the actuarial calculation of R1,280,147.00 for loss of earnings and awarded this amount, taking into account the likelihood that the plaintiff would have worked until age 70 due to lack of financial planning. The court also ordered general damages, costs, and an undertaking for future medical expenses under section 17(4)(a) of the Road...

Court Disposition

Plaintiff's claim for loss of earnings is upheld; damages and costs awarded.

Orders

  • The Defendant shall pay to the Plaintiff the sum of R1,580,147.00.
  • The amount is to be paid within 14 days of the date of this Court order.