G.T.M v Road Accident Fund (22100/2012) [2019] ZAGPPHC 5 (31 January 2019)

G.T.M v Road Accident Fund (22100/2012) [2019] ZAGPPHC 5 (31 January 2019)

The court found that the plaintiff's pre-collision earning capacity should be assessed on the less optimistic scenario, with a career ceiling of R105,000 per annum, due to her late entry into the workforce and semi-skilled status. The actuary's calculations were accepted, resulting in a pre-collision income of R2,011,440 and a post-collision income of R1,346,024. The court exercised its discretion to apply a 10% contingency deduction to pre-collision earnings and a 50% deduction to post-collision earnings, reflecting the plaintiff's shortened working life and the impact of her injuries. The net amounts were R1,810,296 and R673,012 respectively, resulting in a total award of R1,137,284 for...

Citation
[2019] ZAGPPHC 5
Parties
Plaintiff: G T M; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 January 2019
Case Number
22100/2012
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiff's claim for future loss of income is upheld; damages awarded.
Judges
Millar
Legal Topics
Loss of Income, Quantum of Damages, Contingency Deductions, Personal Injury, Road Accident Fund
Delict Loss of Income Quantum of Damages Contingency Deductions Personal Injury Road Accident Fund

Case Brief

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Parties

G T M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum for future loss of income suffered by the plaintiff as a result of injuries sustained in a motor vehicle collision.
  2. 2 What contingency deductions should be applied to pre- and post-collision earnings in calculating the plaintiff's damages.

Ratio Decidendi

The court found that the plaintiff's pre-collision earning capacity should be assessed on the less optimistic scenario, with a career ceiling of R105,000 per annum, due to her late entry into the workforce and semi-skilled status. The actuary's calculations were accepted, resulting in a pre-collision income of R2,011,440 and a post-collision income of R1,346,024. The court exercised its discretion to apply a 10% contingency deduction to pre-collision earnings and a 50% deduction to post-collision earnings, reflecting the plaintiff's shortened working life and the impact of her injuries. The net amounts were R1,810,296 and R673,012 respectively, resulting in a total award of R1,137,284 for...

Court Disposition

Plaintiff's claim for future loss of income is upheld; damages awarded.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R1,137,284.00.
  • Payment is to be made into the trust account of the plaintiff's attorney, Frans Schutte Mathews Phosa Inc., held at Standard Bank of South Africa.