Engelbrecht v Road Accident Fund (52899/2017) [2021] ZAGPPHC 438 (10 March 2021)

Engelbrecht v Road Accident Fund (52899/2017) [2021] ZAGPPHC 438 (10 March 2021)

The Court found that the Plaintiff did not suffer any past loss of income, as he was remunerated throughout and subsequently earned a higher income than at the date of the accident. Although expert evidence indicated that the Plaintiff's employability would be negatively affected, he managed to secure a more lucrative position within two years of the accident. The Plaintiff did not discharge the onus of proving any present or future loss of earning capacity. However, the Court recognized the likelihood of future surgeries resulting in periods of incapacity and exercised its discretion to award damages for future loss of income corresponding to the anticipated periods of absence from work....

Citation
[2021] ZAGPPHC 438
Parties
Plaintiff: Becker Engelbrecht; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 March 2021
Case Number
52899/2017
Procedural Posture
Civil Trial / Quantification of Damages After Merits Settled
Outcome
Plaintiff's claim for past medical expenses granted; claims for past loss of income and loss of earning capacity dismissed; future loss of income awarded for periods of incapacity due to anticipated surgeries.
Judges
D Pick
Legal Topics
Loss of Earning Capacity, Quantification of Damages, Road Accident Fund Act, Expert Evidence, Contingency Deduction
Delict Civil Procedure Loss of Earning Capacity Quantification of Damages Road Accident Fund Act Expert Evidence Contingency Deduction

Case Brief

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Parties

Becker Engelbrecht

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Merits Settled

Legal Issues

  1. 1 Has the Plaintiff suffered loss of earnings and/or earning capacity as a result of the motor vehicle accident?
  2. 2 If so, in what amount?
  3. 3 Has past medical expenses been proved to the satisfaction of the Court?

Ratio Decidendi

The Court found that the Plaintiff did not suffer any past loss of income, as he was remunerated throughout and subsequently earned a higher income than at the date of the accident. Although expert evidence indicated that the Plaintiff's employability would be negatively affected, he managed to secure a more lucrative position within two years of the accident. The Plaintiff did not discharge the onus of proving any present or future loss of earning capacity. However, the Court recognized the likelihood of future surgeries resulting in periods of incapacity and exercised its discretion to award damages for future loss of income corresponding to the anticipated periods of absence from work....

Court Disposition

Plaintiff's claim for past medical expenses granted; claims for past loss of income and loss of earning capacity dismissed; future loss of income awarded for periods of incapacity due to anticipated surgeries.

Orders

  • The claim for past medical expenses in the amount of R144,396.62 is granted, payable by the Defendant to Discovery Health's Third Parties Recovery Department within 120 days from date hereof.
  • Plaintiff's claim for past loss of income is dismissed.