Hassen v Road Accident Fund (25336/2009) [2025] ZAWCHC 111 (17 March 2025)

Hassen v Road Accident Fund (25336/2009) [2025] ZAWCHC 111 (17 March 2025)

The court found that the plaintiff's injuries, sustained in the motor vehicle accident, have resulted in permanent physical impairment, chronic pain, and restricted mobility, rendering her unable to perform her previous physically demanding jobs and ultimately unemployable except for very light sedentary work. Expert evidence was accepted unopposed, establishing the quantum of past loss of earnings and future loss of earning capacity. The court applied standard contingency deductions and accepted the actuarial calculations. The plaintiff was found entitled to a statutory undertaking under section 17(4)(a) of the Road Accident Fund Act for future medical and related expenses. Costs were...

Citation
[2025] ZAWCHC 111
Parties
Plaintiff: Shereen Hassen; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 March 2025
Case Number
25336/2009
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Judgment for the plaintiff: damages and statutory undertaking awarded; costs granted on High Court scale including expert witness fees and counsel's fees on Scale B.
Judges
P. S. Van Zyl
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantum of Damages, Expert Evidence, Statutory Undertaking
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Quantum of Damages Expert Evidence Statutory Undertaking

Case Brief

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Parties

Shereen Hassen

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's past loss of earnings and loss of earning capacity resulting from injuries sustained in the motor vehicle accident.
  2. 2 Is the plaintiff entitled to a statutory undertaking under section 17(4)(a) of the Road Accident Fund Act for future medical, hospital, and related expenses.
  3. 3 What is the proper scale for the award of costs, including counsel's fees, in light of Rule 67A(3).

Ratio Decidendi

The court found that the plaintiff's injuries, sustained in the motor vehicle accident, have resulted in permanent physical impairment, chronic pain, and restricted mobility, rendering her unable to perform her previous physically demanding jobs and ultimately unemployable except for very light sedentary work. Expert evidence was accepted unopposed, establishing the quantum of past loss of earnings and future loss of earning capacity. The court applied standard contingency deductions and accepted the actuarial calculations. The plaintiff was found entitled to a statutory undertaking under section 17(4)(a) of the Road Accident Fund Act for future medical and related expenses. Costs were...

Court Disposition

Judgment for the plaintiff: damages and statutory undertaking awarded; costs granted on High Court scale including expert witness fees and counsel's fees on Scale B.

Orders

  • Leave is granted for the evidence of Dr P. Olivier, Ms C. Bell, Ms E. Auret-Besselaar, and Mr W. Boshoff to be given on affidavit under Uniform Rule 38(2).
  • The costs of the application under Rule 38(2) are costs in the action.