Bheme v Road Accident Fund (5089/2023) [2025] ZAMPMBHC 43 (29 May 2025)

Bheme v Road Accident Fund (5089/2023) [2025] ZAMPMBHC 43 (29 May 2025)

The appeal was upheld because the court a quo's award for loss of income was based on incomplete and confusing evidence, particularly regarding the application of contingencies to the actuarial calculations. The uncontested expert reports established a significant loss of earning capacity, but the appellant's approach failed to provide updated actuarial calculations with justified contingencies. The appellate court exercised its discretion to apply a 5% contingency to past loss and a 50% contingency to future loss, resulting in a revised total award of R3,070,401.75 for past and future loss of earnings. The court emphasized that it is not bound by actuarial figures and must ensure that...

Citation
[2025] ZAMPMBHC 43
Parties
Appellant: Patricia Nomafa Bhembe; Respondent: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
29 May 2025
Case Number
5089/2023
Procedural Posture
Civil Appeal / Appeal Against Quantum of Damages for Loss of Income
Outcome
Appeal upheld. The quantum for past and future loss of earnings is increased to R3,070,401.75. No order as to costs.
Judges
H F Fourie, TV Ratshibvumo, M Moleleki
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantification of Damages, Expert Evidence, Contingencies, Appeal Procedure
Civil Procedure Delict Road Accident Fund Act Loss of Earning Capacity Quantification of Damages Expert Evidence Contingencies Appeal Procedure

Case Brief

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Parties

Patricia Nomafa Bhembe

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal Against Quantum of Damages for Loss of Income

Legal Issues

  1. 1 Whether the quantum awarded for past and future loss of earnings was correct and just under the circumstances.
  2. 2 Whether the court a quo erred in its assessment of contingencies and calculation of damages for loss of income.
  3. 3 Whether the uncontested expert evidence should have been accepted in full or subjected to higher contingencies.

Ratio Decidendi

The appeal was upheld because the court a quo's award for loss of income was based on incomplete and confusing evidence, particularly regarding the application of contingencies to the actuarial calculations. The uncontested expert reports established a significant loss of earning capacity, but the appellant's approach failed to provide updated actuarial calculations with justified contingencies. The appellate court exercised its discretion to apply a 5% contingency to past loss and a 50% contingency to future loss, resulting in a revised total award of R3,070,401.75 for past and future loss of earnings. The court emphasized that it is not bound by actuarial figures and must ensure that...

Court Disposition

Appeal upheld. The quantum for past and future loss of earnings is increased to R3,070,401.75. No order as to costs.

Orders

  • The appellant's appeal is upheld.
  • Paragraph 2.3 of the order of the court a quo is replaced with: 'The Defendant is ordered to pay the Plaintiff the sum of R3,070,401.75 for past and future loss of earnings within 180 days from the date of this order.'