Diale v Road Accident Fund (RAF72/2014) [2017] ZANWHC 120 (9 November 2017)

Diale v Road Accident Fund (RAF72/2014) [2017] ZANWHC 120 (9 November 2017)

The court found that the plaintiff's ability to compete in the open labour market was significantly compromised by the injuries sustained in the accident. Expert evidence established that he is now vulnerable and disadvantaged, unable to perform manual labour and only suited for sedentary or light work. The defendant's argument regarding pre-existing arthritis was rejected due to lack of evidence. Given the wide divergence in actuarial calculations, the court adopted a fair approach by averaging the figures, resulting in a total net loss of R1,542,231.00 for past and future loss of income. The defendant was ordered to pay this amount, together with costs and interest if payment is delayed.

Citation
[2017] ZANWHC 120
Parties
Plaintiff: Sekete Johannes Diale; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
9 November 2017
Case Number
RAF72/2014
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for loss of earnings succeeded. Defendant ordered to pay R1,542,231.00 plus costs.
Judges
N Gutta
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantum of Damages, Expert Evidence, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Quantum of Damages Expert Evidence Contingency Deduction

Case Brief

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Parties

Sekete Johannes Diale

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for loss of earning capacity as a result of injuries sustained in a motor vehicle accident.
  2. 2 What is the fair and reasonable quantum for past and future loss of income given the conflicting expert evidence.
  3. 3 Whether pre-existing arthritis should be considered in the assessment of damages.

Ratio Decidendi

The court found that the plaintiff's ability to compete in the open labour market was significantly compromised by the injuries sustained in the accident. Expert evidence established that he is now vulnerable and disadvantaged, unable to perform manual labour and only suited for sedentary or light work. The defendant's argument regarding pre-existing arthritis was rejected due to lack of evidence. Given the wide divergence in actuarial calculations, the court adopted a fair approach by averaging the figures, resulting in a total net loss of R1,542,231.00 for past and future loss of income. The defendant was ordered to pay this amount, together with costs and interest if payment is delayed.

Court Disposition

Plaintiff's claim for loss of earnings succeeded. Defendant ordered to pay R1,542,231.00 plus costs.

Orders

  • The defendant shall pay the plaintiff an amount of R1,542,231.00 on or before 15 December 2017 into the plaintiff's attorneys' trust account in full and final settlement of the plaintiff's loss of earnings claim.
  • The capital amount will not bear interest unless payment is not made by 15 December 2017, in which event interest at 10.25% per annum will accrue from the date of payment.