Hawando v Road Accident Fund (70224/2019) [2022] ZAGPPHC 159 (11 March 2022)

Hawando v Road Accident Fund (70224/2019) [2022] ZAGPPHC 159 (11 March 2022)

The court found that the plaintiff suffered serious injuries resulting in permanent impairment and unemployability. Despite discrepancies in the plaintiff's employment history, the court accepted that he had lost earning capacity and was entitled to compensation. The actuarial and expert reports provided a reasonable basis for quantification, subject to appropriate contingency deductions. The court applied a 15% contingency to past loss and 50% to future loss, resulting in a total loss of earnings of R1,011,658.15. For general damages, the court considered comparable cases and the nature of the plaintiff's injuries, awarding R950,000. The total capital amount awarded was R1,961,658.15....

Citation
[2022] ZAGPPHC 159
Parties
Plaintiff: Tarekeng Grmiso Hawando; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 March 2022
Case Number
70224/2019
Procedural Posture
Delictual Claim / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for delictual damages is upheld; quantum determined and orders granted as set out.
Judges
Flatela
Legal Topics
Loss of Earnings, General Damages, Contingency Deductions, Road Accident Fund Act, Expert Evidence, Quantification of Damages
Delict Civil Procedure Loss of Earnings General Damages Contingency Deductions Road Accident Fund Act Expert Evidence Quantification of Damages

Case Brief

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Parties

Tarekeng Grmiso Hawando

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate quantum for past and future loss of earnings suffered by the plaintiff as a result of the accident.
  2. 2 What is the reasonable amount for general damages given the nature and sequelae of the plaintiff's injuries.
  3. 3 What contingency deductions should be applied to the calculation of damages.

Ratio Decidendi

The court found that the plaintiff suffered serious injuries resulting in permanent impairment and unemployability. Despite discrepancies in the plaintiff's employment history, the court accepted that he had lost earning capacity and was entitled to compensation. The actuarial and expert reports provided a reasonable basis for quantification, subject to appropriate contingency deductions. The court applied a 15% contingency to past loss and 50% to future loss, resulting in a total loss of earnings of R1,011,658.15. For general damages, the court considered comparable cases and the nature of the plaintiff's injuries, awarding R950,000. The total capital amount awarded was R1,961,658.15....

Court Disposition

Plaintiff's claim for delictual damages is upheld; quantum determined and orders granted as set out.

Orders

  • The defendant is liable to compensate the plaintiff for 100% of proven damages.
  • The defendant shall pay the capital amount of R1,961,658.15 in respect of delictual damages, comprising past loss of earnings (R191,274.65), future loss of earnings (R820,383.50), and general damages (R950,000.00).