Joubert v Road Accident Fund (15916/2020) [2024] ZAGPPHC 571 (4 June 2024)

Joubert v Road Accident Fund (15916/2020) [2024] ZAGPPHC 571 (4 June 2024)

The Plaintiff failed to provide sufficient evidence to substantiate her claim for loss of earnings and earning capacity. The industrial psychologist's report lacked adequate collateral information, and the actuarial calculations were unsound. The Plaintiff did not discharge the burden of proof required to establish her loss on a balance of probabilities. Consequently, absolution from the instance was granted in respect of the claim for loss of earnings/earning capacity. The Defendant remains liable for 100% of proven damages, and is ordered to furnish an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act. The issues of general damages and past medical expenses are...

Citation
[2024] ZAGPPHC 571
Parties
Plaintiff: Cornelia Joubert; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 June 2024
Case Number
15916/2020
Procedural Posture
Civil Trial / Judgment on Damages Following Liability Determination; General Damages and Medical Expenses Postponed Sine Die
Outcome
Absolution from the instance is granted in respect of the Plaintiff's claim for loss of earnings/earning capacity. The Defendant is liable for 100% of proven damages and must furnish an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act. Costs are awarded to the Plaintiff. Issues of general...
Judges
Pienaar
Legal Topics
Road Accident Fund Act, Loss of Earnings, Burden of Proof, Absolution From the Instance, Undertaking in Terms of Section 17 4 a
Civil Procedure Delict Road Accident Fund Act Loss of Earnings Burden of Proof Absolution From the Instance Undertaking in Terms of Section 17 4 a

Case Brief

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Parties

Cornelia Joubert

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment on Damages Following Liability Determination; General Damages and Medical Expenses Postponed Sine Die

Legal Issues

  1. 1 Whether the Plaintiff proved her loss of earnings/earning capacity on a balance of probabilities.
  2. 2 Whether the Defendant is liable for damages arising from the motor vehicle accident.
  3. 3 Whether the Plaintiff is entitled to an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The Plaintiff failed to provide sufficient evidence to substantiate her claim for loss of earnings and earning capacity. The industrial psychologist's report lacked adequate collateral information, and the actuarial calculations were unsound. The Plaintiff did not discharge the burden of proof required to establish her loss on a balance of probabilities. Consequently, absolution from the instance was granted in respect of the claim for loss of earnings/earning capacity. The Defendant remains liable for 100% of proven damages, and is ordered to furnish an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act. The issues of general damages and past medical expenses are...

Court Disposition

Absolution from the instance is granted in respect of the Plaintiff's claim for loss of earnings/earning capacity. The Defendant is liable for 100% of proven damages and must furnish an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act. Costs are awarded to the Plaintiff. Issues of general...

Orders

  • The Defendant is liable for 100% of such damages as agreed or as proven by the Plaintiff.
  • The Defendant is ordered to furnish the Plaintiff with an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act 56 of 1996.