Hale v Road Accident Fund (5897/2017) [2018] ZAFSHC 114 (5 July 2018)

Hale v Road Accident Fund (5897/2017) [2018] ZAFSHC 114 (5 July 2018)

The court found that the injuries sustained by the plaintiff were reasonably similar to those in the cited cases, but the amount claimed for general damages by the plaintiff was excessive. An award of R750,000.00 was deemed fair and at the upper limit for such injuries. Regarding loss of income, the court was not convinced by the assumptions underlying the calculation of future earnings, particularly the likelihood of promotion and a significant salary increase. The court accepted the defendant’s proposal of a 20% contingency deduction for future loss of income, finding it generous under the circumstances. The total monetary award was calculated accordingly, and the court granted the...

Citation
[2018] ZAFSHC 114
Parties
Plaintiff: Mesa Francis Hale; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 July 2018
Case Number
5897/2017
Procedural Posture
Civil Trial / Merits and Quantum
Outcome
Plaintiff’s claim for general damages and loss of income is granted as per the agreed amounts. Costs awarded to plaintiff.
Judges
J P Daffue
Legal Topics
Road Accident Fund Act, General Damages, Loss of Income, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act General Damages Loss of Income Contingency Deductions

Case Brief

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Parties

Mesa Francis Hale

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits and Quantum

Legal Issues

  1. 1 What is the appropriate amount to be awarded for general damages to the plaintiff.
  2. 2 What contingency percentages should be applied to the agreed loss of income calculation.
  3. 3 Is the plaintiff entitled to the relief as agreed between the parties.

Ratio Decidendi

The court found that the injuries sustained by the plaintiff were reasonably similar to those in the cited cases, but the amount claimed for general damages by the plaintiff was excessive. An award of R750,000.00 was deemed fair and at the upper limit for such injuries. Regarding loss of income, the court was not convinced by the assumptions underlying the calculation of future earnings, particularly the likelihood of promotion and a significant salary increase. The court accepted the defendant’s proposal of a 20% contingency deduction for future loss of income, finding it generous under the circumstances. The total monetary award was calculated accordingly, and the court granted the...

Court Disposition

Plaintiff’s claim for general damages and loss of income is granted as per the agreed amounts. Costs awarded to plaintiff.

Orders

  • The Defendant shall pay damages to the plaintiff in the sum of R2,256,417.60 together with interest at 10% per annum from 14 days after the date of this order until final payment.
  • Payment and costs shall be made into the trust account of SSH Mehlomakulu & Co, Plaintiff’s attorneys.