J.S v Road Accident Fund (RAF363/2015) [2018] ZANWHC 19 (28 June 2018)

J.S v Road Accident Fund (RAF363/2015) [2018] ZANWHC 19 (28 June 2018)

The court found that the plaintiff failed to prove, on a balance of probabilities, that M's post-accident neurocognitive, emotional, and behavioural challenges would prevent him from completing Grade 12 or result in actual patrimonial loss. The expert evidence, particularly that of the educational psychologists, did not establish that M's earning capacity was diminished to the extent claimed. The court preferred the defendant's educational psychologist's opinion, which was based on test results and collateral information, and found that M would likely complete Grade 12 both pre- and post-accident. The actuarial calculations relied upon by the plaintiff were speculative and unsupported by...

Citation
[2018] ZANWHC 19
Parties
Plaintiff: J S; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
RAF363/2015
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim for future loss of income is dismissed. General damages and future medical expenses are awarded as agreed.
Judges
N. Gutta
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Expert Evidence, General Damages, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Expert Evidence General Damages Future Medical Expenses

Case Brief

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Parties

J S

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff proved that the minor child M suffered a loss of earning capacity as a result of the accident.
  2. 2 Whether the plaintiff proved actual patrimonial loss arising from the alleged diminished earning capacity.
  3. 3 What quantum of general damages and future medical expenses should be awarded.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that M's post-accident neurocognitive, emotional, and behavioural challenges would prevent him from completing Grade 12 or result in actual patrimonial loss. The expert evidence, particularly that of the educational psychologists, did not establish that M's earning capacity was diminished to the extent claimed. The court preferred the defendant's educational psychologist's opinion, which was based on test results and collateral information, and found that M would likely complete Grade 12 both pre- and post-accident. The actuarial calculations relied upon by the plaintiff were speculative and unsupported by...

Court Disposition

Plaintiff's claim for future loss of income is dismissed. General damages and future medical expenses are awarded as agreed.

Orders

  • Defendant is to furnish plaintiff with an undertaking in terms of Section 17(4) of the Road Accident Fund Act 56 of 1996 for 100% of future medical costs.
  • Defendant to pay plaintiff an amount of R400,000.00 for general damages.