D.M v Road Accident Fund (RAF354/2014) [2017] ZANWHC 43 (29 June 2017)

D.M v Road Accident Fund (RAF354/2014) [2017] ZANWHC 43 (29 June 2017)

The court accepted the evidence of the applicant's experts regarding the severity and impact of the injuries, preferring their findings over those of the respondent's expert where discrepancies existed. The plaintiff suffered severe traumatic brain injury and multiple fractures, resulting in permanent impairment and inability to pursue her chosen profession. The court found the actuarial calculation of R7,827,580.00 for loss of earnings/earning capacity to be reasonable, and awarded R900,000.00 for general damages. The defendant was ordered to furnish an undertaking for future medical expenses and pay the plaintiff's costs, including the costs of two counsel where applicable. The court's...

Citation
[2017] ZANWHC 43
Parties
Applicant: D M; Respondent: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
29 June 2017
Case Number
RAF354/2014
Procedural Posture
Civil Action / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for damages is upheld; quantum determined and orders granted as specified.
Judges
R D Hendricks
Legal Topics
Road Accident Fund Act, General Damages, Loss of Earning Capacity, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act General Damages Loss of Earning Capacity Future Medical Expenses

Case Brief

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Parties

D M

Applicant

Road Accident Fund

Respondent

Procedural Posture

Civil Action / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's injuries sustained in the motor vehicle accident.
  2. 2 What is the correct amount for future loss of earnings or earning capacity given the plaintiff's injuries and limitations.
  3. 3 Should the defendant furnish an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court accepted the evidence of the applicant's experts regarding the severity and impact of the injuries, preferring their findings over those of the respondent's expert where discrepancies existed. The plaintiff suffered severe traumatic brain injury and multiple fractures, resulting in permanent impairment and inability to pursue her chosen profession. The court found the actuarial calculation of R7,827,580.00 for loss of earnings/earning capacity to be reasonable, and awarded R900,000.00 for general damages. The defendant was ordered to furnish an undertaking for future medical expenses and pay the plaintiff's costs, including the costs of two counsel where applicable. The court's...

Court Disposition

Plaintiff's claim for damages is upheld; quantum determined and orders granted as specified.

Orders

  • The defendant is ordered to pay the plaintiff R8,727,580.00.
  • The defendant is ordered to furnish an undertaking in terms of Section 17(4)(a) of Act 56 of 1996 for future medical expenses arising from the accident.