Chiloane obo M.P.M v Road Accident Fund (31119/2014) [2016] ZAGPPHC 614 (13 June 2016)

Chiloane obo M.P.M v Road Accident Fund (31119/2014) [2016] ZAGPPHC 614 (13 June 2016)

The court found that the minor child suffered a mild to moderate concussive brain injury resulting in significant cognitive and behavioural deficits, which have materially diminished his educational and earning capacity. Expert evidence established that, but for the accident, the minor would likely have achieved a tertiary qualification and higher earning potential. The court rejected the defendant's argument that pre-accident family bereavements were the cause of diminished prospects, accepting the expert testimony that the accident was the sole cause. The court applied a 30% contingency deduction to pre-morbid earnings and 50% to post-morbid earnings, as supported by the evidence and...

Citation
[2016] ZAGPPHC 614
Parties
Plaintiff: U S Chiloane obo M P M; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 June 2016
Case Number
31119/2014
Procedural Posture
Civil Trial / Quantum Determination After Liability Admitted
Outcome
Plaintiff's claim for damages is upheld. The defendant is ordered to pay the quantified amount and furnish the statutory undertaking. A trust is to be established for the minor's benefit.
Judges
Van der Westhuizen
Legal Topics
Road Accident Fund, Quantum of Damages, Contingency Fees, Trust Establishment for Minor, Future Medical Expenses, Loss of Earning Capacity
Delict Civil Procedure Family and Children Road Accident Fund Quantum of Damages Contingency Fees Trust Establishment for Minor Future Medical Expenses +1 more

Case Brief

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Parties

U S Chiloane obo M P M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Admitted

Legal Issues

  1. 1 What is the appropriate quantum of damages for the minor child following the admitted liability for injuries sustained in the motor vehicle accident.
  2. 2 Should a trust be established for the administration of the minor's award.
  3. 3 What contingency deductions are appropriate for pre-morbid and post-morbid earnings given the facts and expert evidence.

Ratio Decidendi

The court found that the minor child suffered a mild to moderate concussive brain injury resulting in significant cognitive and behavioural deficits, which have materially diminished his educational and earning capacity. Expert evidence established that, but for the accident, the minor would likely have achieved a tertiary qualification and higher earning potential. The court rejected the defendant's argument that pre-accident family bereavements were the cause of diminished prospects, accepting the expert testimony that the accident was the sole cause. The court applied a 30% contingency deduction to pre-morbid earnings and 50% to post-morbid earnings, as supported by the evidence and...

Court Disposition

Plaintiff's claim for damages is upheld. The defendant is ordered to pay the quantified amount and furnish the statutory undertaking. A trust is to be established for the minor's benefit.

Orders

  • The defendant is ordered to pay to the plaintiff, in her representative capacity on behalf of M.P.M, the sum of R4,431,720.00.
  • The defendant is ordered to furnish an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for future medical and related expenses for the benefit of M.P.M.