Du Plessis v Road Accident Fund (87933/2016) [2018] ZAGPPHC 710 (9 March 2018)

Du Plessis v Road Accident Fund (87933/2016) [2018] ZAGPPHC 710 (9 March 2018)

The court found that the plaintiff failed to discharge the onus of proving loss of earning capacity or income on a balance of probabilities. The plaintiff's oral evidence was inconsistent with multiple expert reports, and there was no documentary proof of employment or earnings, such as payslips or bank statements. The contradictions in the plaintiff's account and the lack of corroborating evidence rendered the claim speculative. The court held that it could not embark on conjecture or speculation in awarding damages for loss of income. Accordingly, absolution from the instance was granted in respect of the claim for loss of income and earning capacity. The agreed general damages were...

Citation
[2018] ZAGPPHC 710
Parties
Plaintiff: Jerome Alphonsus Du Plessis; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2018
Case Number
87933/2016
Procedural Posture
Civil Trial / Final Judgment
Outcome
Absolution from the instance is granted in respect of the claim for loss of income and earning capacity. General damages as agreed are awarded.
Judges
Petersen
Legal Topics
Loss of Earning Capacity, General Damages, Quantification of Damages, Onus of Proof
Delict Loss of Earning Capacity General Damages Quantification of Damages Onus of Proof

Case Brief

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Parties

Jerome Alphonsus Du Plessis

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff has proven loss of earning capacity on a balance of probabilities.
  2. 2 Whether the plaintiff is entitled to compensation for loss of income.
  3. 3 Whether contradictory evidence and lack of documentary proof preclude an award for loss of earnings.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving loss of earning capacity or income on a balance of probabilities. The plaintiff's oral evidence was inconsistent with multiple expert reports, and there was no documentary proof of employment or earnings, such as payslips or bank statements. The contradictions in the plaintiff's account and the lack of corroborating evidence rendered the claim speculative. The court held that it could not embark on conjecture or speculation in awarding damages for loss of income. Accordingly, absolution from the instance was granted in respect of the claim for loss of income and earning capacity. The agreed general damages were...

Court Disposition

Absolution from the instance is granted in respect of the claim for loss of income and earning capacity. General damages as agreed are awarded.

Orders

  • Absolution from the instance is granted in respect of the claim for loss of income and earning capacity.
  • General damages are awarded in the amount of R550,000.00.