C.V.Z v Road Accident Fund (2867/2013) [2023] ZAFSHC 345 (25 August 2023)

C.V.Z v Road Accident Fund (2867/2013) [2023] ZAFSHC 345 (25 August 2023)

The court found that the plaintiff's evidence regarding her career trajectory, earning capacity, and the impact of her injuries was undisputed and supported by expert testimony. The defendant failed to present any evidence to challenge the plaintiff's version or the actuarial calculations. The court accepted the contingency deductions proposed by the plaintiff as fair and equitable under the circumstances. The court further held that the conversion of foreign earnings should be based on the rate of the plaintiff's Guernsey income, as supported by precedent. The matter was referred to Munro Forensic Actuaries for recalculation of the plaintiff's loss of income using the specified...

Citation
[2023] ZAFSHC 345
Parties
Plaintiff: C[...] V[...] Z[...]; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 August 2023
Case Number
2867/2013
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for past and future loss of income referred to actuary for recalculation; contingency deductions accepted as proposed by plaintiff; costs awarded to plaintiff; claim for past medical expenses postponed.
Judges
Daniso
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, Patrimonial Loss, Expert Evidence
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Contingency Deductions Patrimonial Loss Expert Evidence

Case Brief

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Parties

C[...] V[...] Z[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What contingency deductions should be applied to the plaintiff's claim for past and future loss of income resulting from injuries sustained in a motor vehicle accident.
  2. 2 Whether the plaintiff's career trajectory and earning capacity have been materially affected by the accident.
  3. 3 Whether the conversion of foreign earnings should be based on the rate of the plaintiff's Guernsey income.

Ratio Decidendi

The court found that the plaintiff's evidence regarding her career trajectory, earning capacity, and the impact of her injuries was undisputed and supported by expert testimony. The defendant failed to present any evidence to challenge the plaintiff's version or the actuarial calculations. The court accepted the contingency deductions proposed by the plaintiff as fair and equitable under the circumstances. The court further held that the conversion of foreign earnings should be based on the rate of the plaintiff's Guernsey income, as supported by precedent. The matter was referred to Munro Forensic Actuaries for recalculation of the plaintiff's loss of income using the specified...

Court Disposition

Plaintiff's claim for past and future loss of income referred to actuary for recalculation; contingency deductions accepted as proposed by plaintiff; costs awarded to plaintiff; claim for past medical expenses postponed.

Orders

  • The plaintiff’s claim for past and future loss of income is referred to Munro Forensic Actuaries to be calculated within twenty days of the date of this order using the latest exchange rate and applying the following contingency deductions: 5% pre-morbid past loss of earnings, 15% pre-morbid future loss of earnings,...
  • Upon receipt of the actuarial calculations, the parties are to approach the court for the actuarial calculation to be made an order of court.