C.J v Road Accident Fund (47315/2013) [2025] ZAGPJHC 369 (14 March 2025)

C.J v Road Accident Fund (47315/2013) [2025] ZAGPJHC 369 (14 March 2025)

The court held that, since both the mother and child are peregrini, the assessment of future loss of earnings must be based on Mozambican labour market conditions and wage scales. Expert evidence established the minimum wage and projected career earnings in Mozambique. The court accepted the actuarial calculations, applying contingency deductions of 25% for the 'but for' scenario and 31.25% for the 'having regard to' scenario, reflecting the retirement age and local employment risks. The difference between the two scenarios yielded a total award of 5 042 682 Meticais. The court further ordered an unlimited undertaking for future medical expenses under section 17(4)(a) of the Road Accident...

Citation
[2025] ZAGPJHC 369
Parties
Plaintiff: C[…] J[…]; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 March 2025
Case Number
47315/2013
Procedural Posture
Civil Trial / Quantum Determination After Liability Resolved
Outcome
Plaintiff's claim for future loss of earnings and impairment of earning capacity is upheld. Plaintiff awarded 5 042 682 Meticais and an unlimited undertaking for future medical expenses. Costs awarded to plaintiff.
Judges
Weideman
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Foreign Currency Award, Quantum of Damages
Civil Procedure Delict Road Accident Fund Act Loss of Earning Capacity Foreign Currency Award Quantum of Damages

Case Brief

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Parties

C[…] J[…]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Resolved

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for future loss of earnings and impairment of earning capacity based on Mozambican labour market conditions.
  2. 2 What is the appropriate quantum for loss of earning capacity given the minor's injuries and the prevailing wage scales in Mozambique.
  3. 3 What contingency deductions should be applied in calculating damages for future loss of earnings.

Ratio Decidendi

The court held that, since both the mother and child are peregrini, the assessment of future loss of earnings must be based on Mozambican labour market conditions and wage scales. Expert evidence established the minimum wage and projected career earnings in Mozambique. The court accepted the actuarial calculations, applying contingency deductions of 25% for the 'but for' scenario and 31.25% for the 'having regard to' scenario, reflecting the retirement age and local employment risks. The difference between the two scenarios yielded a total award of 5 042 682 Meticais. The court further ordered an unlimited undertaking for future medical expenses under section 17(4)(a) of the Road Accident...

Court Disposition

Plaintiff's claim for future loss of earnings and impairment of earning capacity is upheld. Plaintiff awarded 5 042 682 Meticais and an unlimited undertaking for future medical expenses. Costs awarded to plaintiff.

Orders

  • The plaintiff's application in terms of Rule 38(2) is granted.
  • The plaintiff's application in terms of Rule 33(4) for separation and postponement of the claim for general damages is granted.