Bukani v Road Accident Fund (042006/2024) [2025] ZAGPJHC 137 (22 January 2025)

Bukani v Road Accident Fund (042006/2024) [2025] ZAGPJHC 137 (22 January 2025)

The court found that the plaintiff had an exemplary employment record and would likely have continued working as a carer had the accident not occurred. The actuarial calculations provided a reliable basis for determining her loss of income. The court applied a five percent contingency deduction to the accrued loss and a ten percent deduction to the future loss, resulting in a total award of R429,957 for loss of income. The plaintiff was also entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act. Costs were awarded to the plaintiff on a party and party scale, including counsel's fees on scale B.

Citation
[2025] ZAGPJHC 137
Parties
Plaintiff: Nonceba Jacqueline Bukani; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 January 2025
Case Number
042006/2024
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for loss of income is upheld; general damages postponed sine die; undertaking for future medical expenses granted; costs awarded to plaintiff.
Judges
Weideman
Legal Topics
Road Accident Fund Act, Loss of Income, Contingency Deduction, Quantum of Damages
Civil Procedure Delict Road Accident Fund Act Loss of Income Contingency Deduction Quantum of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nonceba Jacqueline Bukani

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's loss of income resulting from the accident.
  2. 2 Should contingency deductions be applied to the accrued and future loss of income claims.
  3. 3 Is the plaintiff entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the plaintiff had an exemplary employment record and would likely have continued working as a carer had the accident not occurred. The actuarial calculations provided a reliable basis for determining her loss of income. The court applied a five percent contingency deduction to the accrued loss and a ten percent deduction to the future loss, resulting in a total award of R429,957 for loss of income. The plaintiff was also entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act. Costs were awarded to the plaintiff on a party and party scale, including counsel's fees on scale B.

Court Disposition

Plaintiff's claim for loss of income is upheld; general damages postponed sine die; undertaking for future medical expenses granted; costs awarded to plaintiff.

Orders

  • The defendant is liable for 100% of such damages as the plaintiff may be able to substantiate.
  • The plaintiff’s application in terms of Rule 38(2) is granted.