B.M.M obo D.M v Road Accident Fund (8204/2014) [2022] ZAGPPHC 292 (28 April 2022)

B.M.M obo D.M v Road Accident Fund (8204/2014) [2022] ZAGPPHC 292 (28 April 2022)

The court accepted the expert evidence that the minor child, but for the accident, would likely have achieved at least a matric and possibly tertiary education, entering the labour market at a higher earning level. Due to the accident, the minor's cognitive and physical impairments have resulted in repeated grades and a diminished capacity to achieve educational and occupational milestones. The court applied contingency deductions of 30% for the uninjured scenario and 35% for the injured scenario, resulting in a fair and adequate compensation of R4,737,317 for future loss of income. The Road Accident Fund was ordered to furnish an undertaking for future medical expenses in terms of...

Citation
[2022] ZAGPPHC 292
Parties
Plaintiff: B.M.M obo D.M; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 April 2022
Case Number
8204/2014
Procedural Posture
Civil Trial / Default Judgment After Striking Out of Defendant's Plea and Defence; Quantum of Damages Determined
Outcome
Judgment for the plaintiff. The Road Accident Fund is ordered to pay R4,737,317 to the plaintiff in his representative capacity for the minor's future loss of income, furnish an undertaking for future medical expenses, and pay costs as specified.
Judges
Khashane Manamela
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earning Capacity, Future Medical Expenses, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Earning Capacity Future Medical Expenses Contingency Deductions

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Parties

B.M.M obo D.M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Default Judgment After Striking Out of Defendant's Plea and Defence; Quantum of Damages Determined

Legal Issues

  1. 1 What is the appropriate quantum for future loss of income or earning capacity of the minor child due to injuries sustained in the motor vehicle accident.
  2. 2 Should the Road Accident Fund furnish an undertaking for future medical treatment and expenses in terms of section 17(4)(a) of the RAF Act.
  3. 3 What is the proper approach to contingency deductions in calculating future loss of income.

Ratio Decidendi

The court accepted the expert evidence that the minor child, but for the accident, would likely have achieved at least a matric and possibly tertiary education, entering the labour market at a higher earning level. Due to the accident, the minor's cognitive and physical impairments have resulted in repeated grades and a diminished capacity to achieve educational and occupational milestones. The court applied contingency deductions of 30% for the uninjured scenario and 35% for the injured scenario, resulting in a fair and adequate compensation of R4,737,317 for future loss of income. The Road Accident Fund was ordered to furnish an undertaking for future medical expenses in terms of...

Court Disposition

Judgment for the plaintiff. The Road Accident Fund is ordered to pay R4,737,317 to the plaintiff in his representative capacity for the minor's future loss of income, furnish an undertaking for future medical expenses, and pay costs as specified.

Orders

  • The defendant shall pay to the plaintiff, in his representative capacity as biological father and natural guardian of the minor child, the capital sum of R4,737,317 in respect of future loss of income or earning capacity due to the motor vehicle accident.
  • The defendant shall be liable for interest on the amount(s) at the prescribed rate, calculated from 180 calendar days after the date of the order, allocatur or agreement to the date of final payment, if not paid timeously.