Groining obo K v RAF (49021/2013) [2018] ZAGPPHC 14 (5 March 2018)

Groining obo K v RAF (49021/2013) [2018] ZAGPPHC 14 (5 March 2018)

The court found that, based on the expert evidence and family educational history, it was probable that the plaintiff's son would have attained at least a grade 12 education and had a realistic possibility of further qualification. The actuarial calculations presented by both parties were similar, with minor differences arising from the application of contingencies. The court considered the age of the plaintiff's son and determined that while the contingencies applied by both parties were low, adjusting them would not materially affect the outcome. The court exercised its discretion and accepted the plaintiff's calculation, awarding damages accordingly.

Citation
[2018] ZAGPPHC 14
Parties
Plaintiff: Groining, A obo FT K; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 March 2018
Case Number
49021/2013
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Judgment for the plaintiff. The defendant is ordered to pay the plaintiff damages for loss of earnings, interest, and costs.
Judges
Millar
Legal Topics
Loss of Earnings, Contingency Deductions, Actuarial Calculation, Road Accident Fund Liability
Delict Loss of Earnings Contingency Deductions Actuarial Calculation Road Accident Fund Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Groining, A obo FT K

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum of damages for loss of earnings suffered by the plaintiff's son as a result of the motor vehicle collision.
  2. 2 What contingencies should be applied to the pre-morbid and post-morbid earnings calculations.
  3. 3 Whether the plaintiff's son would have attained education beyond grade 12 but for the injuries.

Ratio Decidendi

The court found that, based on the expert evidence and family educational history, it was probable that the plaintiff's son would have attained at least a grade 12 education and had a realistic possibility of further qualification. The actuarial calculations presented by both parties were similar, with minor differences arising from the application of contingencies. The court considered the age of the plaintiff's son and determined that while the contingencies applied by both parties were low, adjusting them would not materially affect the outcome. The court exercised its discretion and accepted the plaintiff's calculation, awarding damages accordingly.

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay the plaintiff damages for loss of earnings, interest, and costs.

Orders

  • The Defendant is ordered to pay the Plaintiff the amount of R3 175 508.00 on or before 20 March 2018.
  • The Defendant is ordered to pay interest on the aforementioned sum from 21 March 2018 at the rate of 10.5% per annum to date of payment.