Disele v Road Accident Fund (A117/2018; 53845/2011) [2020] ZAGPPHC 582 (9 September 2020)

Disele v Road Accident Fund (A117/2018; 53845/2011) [2020] ZAGPPHC 582 (9 September 2020)

The appeal was upheld because the court a quo failed to consider the updated actuarial report and did not provide reasons for preferring outdated calculations or for the contingencies applied. The evidence established that the appellant's retrenchment and diminished earning capacity were causally linked to the injuries sustained in the collision, as supported by unchallenged expert testimony. The respondent conceded the appellant's unemployability, and the actuarial evidence demonstrated the quantum of past and future loss of earnings. The contingencies applied were appropriate given the appellant's age, career trajectory, and the impact of the injuries. The total award was recalculated...

Citation
[2020] ZAGPPHC 582
Parties
Appellant: T D Disele; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 September 2020
Case Number
A117/2018; 53845/2011
Procedural Posture
Civil Appeal / Appeal Against Quantum of Damages for Past and Future Loss of Earnings
Outcome
Appeal upheld with costs. The order of the court a quo is replaced with an award for past and future loss of earnings.
Judges
Tlhapi, Hughes W, Janse van Nieuwenhuizen N
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Quantum of Damages, Contingency Deductions
Civil Procedure Delict Road Accident Fund Loss of Earning Capacity Quantum of Damages Contingency Deductions

Case Brief

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Parties

T D Disele

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal Against Quantum of Damages for Past and Future Loss of Earnings

Legal Issues

  1. 1 Whether the court a quo erred in failing to award damages for the appellant's past loss of earnings.
  2. 2 Whether the court a quo failed to consider the updated actuarial report and applied incorrect contingency deductions.
  3. 3 Whether the retrenchment of the appellant was causally linked to the injuries sustained in the motor vehicle collision.

Ratio Decidendi

The appeal was upheld because the court a quo failed to consider the updated actuarial report and did not provide reasons for preferring outdated calculations or for the contingencies applied. The evidence established that the appellant's retrenchment and diminished earning capacity were causally linked to the injuries sustained in the collision, as supported by unchallenged expert testimony. The respondent conceded the appellant's unemployability, and the actuarial evidence demonstrated the quantum of past and future loss of earnings. The contingencies applied were appropriate given the appellant's age, career trajectory, and the impact of the injuries. The total award was recalculated...

Court Disposition

Appeal upheld with costs. The order of the court a quo is replaced with an award for past and future loss of earnings.

Orders

  • The appeal is upheld with costs.
  • The defendant is ordered to pay the plaintiff an amount of R2 375 717.00 in respect of his past and future loss of earnings.