Du Toit obo S v Road Accident Fund (50598/2016) [2019] ZAGPPHC 285 (22 May 2019)

Du Toit obo S v Road Accident Fund (50598/2016) [2019] ZAGPPHC 285 (22 May 2019)

The court found that the claimant suffered severe and permanent neurocognitive and physical impairments as a result of the accident, rendering him unemployable in the open labour market. The expert evidence established that, pre-accident, the claimant would likely have achieved at least a Grade 12 education and possibly an NQF level 5 certificate, with reasonable prospects for occupational advancement. Given the speculative nature of the two scenarios presented by the industrial psychologists, the court determined that awarding the average of the actuarial calculations was just and appropriate. General damages were set at R1,200,000, reflecting the seriousness of the injuries but also...

Citation
[2019] ZAGPPHC 285
Parties
Plaintiff: Albertus Johannes Du Toit N.O. obo S N[….]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 May 2019
Case Number
50598/2016
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for damages is upheld; quantum determined and orders granted as set out.
Judges
Kubushi
Legal Topics
Road Accident Fund Act, Personal Injury, General Damages, Loss of Earning Capacity, Expert Evidence
Delict Civil Procedure Road Accident Fund Act Personal Injury General Damages Loss of Earning Capacity Expert Evidence

Case Brief

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Parties

Albertus Johannes Du Toit N.O. obo S N[….]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the claimant's injuries sustained in a motor vehicle accident.
  2. 2 What is the proper calculation for loss of earnings/earning capacity given the claimant's pre- and post-accident scenarios.
  3. 3 Should the average of two actuarial scenarios be used to determine compensation for loss of earnings.

Ratio Decidendi

The court found that the claimant suffered severe and permanent neurocognitive and physical impairments as a result of the accident, rendering him unemployable in the open labour market. The expert evidence established that, pre-accident, the claimant would likely have achieved at least a Grade 12 education and possibly an NQF level 5 certificate, with reasonable prospects for occupational advancement. Given the speculative nature of the two scenarios presented by the industrial psychologists, the court determined that awarding the average of the actuarial calculations was just and appropriate. General damages were set at R1,200,000, reflecting the seriousness of the injuries but also...

Court Disposition

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

Orders

  • The defendant shall provide an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act 56 of 1996 to compensate the plaintiff for 90% of future medical and hospital expenses.
  • The defendant shall pay the plaintiff the capital amount of R3,526,354.17 by way of lump sum payment on or before 30 August 2019.