G.M.R obo V.M.R v Road Accident Fund (RAF 285/2016) [2018] ZANWHC 61 (16 February 2018)

G.M.R obo V.M.R v Road Accident Fund (RAF 285/2016) [2018] ZANWHC 61 (16 February 2018)

The court found that the plaintiff's intellectual and psychological impairments, exacerbated by the accident, rendered her totally unemployable. Although there was evidence that she may have progressed to Grade 11 and accessed the labour market as an unskilled worker, the defendant failed to tender any oral evidence to substantiate this position. The court accepted the plaintiff's expert evidence and actuarial calculations, applying a 25% contingency deduction and a 10% apportionment for contributory negligence. The resulting award for future loss of earning capacity was deemed just, fair, and reasonable. Costs were awarded in favour of the plaintiff.

Citation
[2018] ZANWHC 61
Parties
Plaintiff: G.M.R obo V.M.R; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 February 2018
Case Number
RAF 285/2016
Procedural Posture
Civil Trial / Quantum Determination After Merits Judgment
Outcome
Plaintiff's claim for future loss of earning capacity upheld; damages awarded subject to contingencies and apportionment.
Judges
R D Hendricks
Legal Topics
Loss of Earning Capacity, Contributory Negligence, Road Accident Fund Act, Quantum of Damages
Delict Civil Procedure Loss of Earning Capacity Contributory Negligence Road Accident Fund Act Quantum of Damages

Case Brief

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Parties

G.M.R obo V.M.R

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Judgment

Legal Issues

  1. 1 What is the extent of the plaintiff's loss of earning capacity resulting from injuries sustained in the motor vehicle accident.
  2. 2 Is the plaintiff totally unemployable as a result of the accident or will she be able to access the labour market in some capacity.
  3. 3 What is the appropriate quantum of damages for future loss of earning capacity, considering contingencies and apportionment.

Ratio Decidendi

The court found that the plaintiff's intellectual and psychological impairments, exacerbated by the accident, rendered her totally unemployable. Although there was evidence that she may have progressed to Grade 11 and accessed the labour market as an unskilled worker, the defendant failed to tender any oral evidence to substantiate this position. The court accepted the plaintiff's expert evidence and actuarial calculations, applying a 25% contingency deduction and a 10% apportionment for contributory negligence. The resulting award for future loss of earning capacity was deemed just, fair, and reasonable. Costs were awarded in favour of the plaintiff.

Court Disposition

Plaintiff's claim for future loss of earning capacity upheld; damages awarded subject to contingencies and apportionment.

Orders

  • The defendant is ordered to pay an amount of R4 276 192.50 to the plaintiff for the loss of future earning capacity.
  • The defendant is ordered to pay the costs of suit.