Fotheringham v Road Accident Fund (70534/2013) [2016] ZAGPPHC 365 (23 May 2016)

Parties

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

1. 1 Whether the proceeds from the sale of the plaintiff's business constitute a deductible benefit from damages recoverable under the Road Accident Fund Act.
2. 2 Whether the plaintiff proved past loss of income resulting from the accident.
3. 3 Whether the defendant is liable for future loss of earnings and medical expenses.

Ratio Decidendi

The court held that the proceeds from the sale of the plaintiff's business did not accrue as a direct consequence of the accident and therefore do not constitute a deductible benefit from the damages recoverable under the Road Accident Fund Act. The payments received were for the sale of the business, not for work performed or commission, and would have been received even if the accident had not occurred. Deducting these proceeds would unduly reduce the plaintiff's patrimony and would be unreasonable and inequitable. The plaintiff's loss is the loss of income in the form of his monthly salary that he would have earned but for the accident. The defendant conceded to the plaintiff's...

Court Disposition

Judgment granted in favour of the plaintiff for payment of damages, interest, undertaking for future medical expenses, and costs.

Orders

• Judgment is granted in favour of the plaintiff for payment of the sum of R2 694 776.00 within 30 days from the date of this order.
• The defendant is ordered to pay interest on the sum of R2 694 776.00 at the rate of 9% from 31 days after the date of this order to date of payment.