Keswa v Road Accident Fund (45261/15) [2017] ZAGPPHC 373 (8 June 2017)

Keswa v Road Accident Fund (45261/15) [2017] ZAGPPHC 373 (8 June 2017)

The court found that the plaintiff suffered significant injuries resulting in permanent disability and unemployability. The actuary's report on loss of income was accepted, including the contingency deductions of 5% for past loss and 15% for future loss, as these were supported by authority and not convincingly challenged by the defendant. The court determined that R325,000 was reasonable for general damages, considering the nature and extent of the plaintiff's injuries. The defendant was held liable for 100% of the plaintiff's proven or agreed damages and ordered to furnish an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Citation
[2017] ZAGPPHC 373
Parties
Plaintiff: Tsholofelo Rebecca Keswa; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 June 2017
Case Number
45261/15
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for general damages and loss of income is granted. Defendant is liable for 100% of proven or agreed damages and ordered to pay specified amounts and costs.
Judges
Wright
Legal Topics
Road Accident Fund Act, General Damages, Loss of Income, Contingency Deductions, Quantum of Damages
Delict Civil Procedure Road Accident Fund Act General Damages Loss of Income Contingency Deductions Quantum of Damages

Case Brief

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Parties

Tsholofelo Rebecca Keswa

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's injuries sustained in the motor vehicle accident.
  2. 2 What is the correct calculation for loss of income, including contingency deductions, following the plaintiff's disability.
  3. 3 Is the defendant liable for 100% of the plaintiff's proven or agreed damages.

Ratio Decidendi

The court found that the plaintiff suffered significant injuries resulting in permanent disability and unemployability. The actuary's report on loss of income was accepted, including the contingency deductions of 5% for past loss and 15% for future loss, as these were supported by authority and not convincingly challenged by the defendant. The court determined that R325,000 was reasonable for general damages, considering the nature and extent of the plaintiff's injuries. The defendant was held liable for 100% of the plaintiff's proven or agreed damages and ordered to furnish an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Court Disposition

Plaintiff's claim for general damages and loss of income is granted. Defendant is liable for 100% of proven or agreed damages and ordered to pay specified amounts and costs.

Orders

  • The Defendant is liable for 100% of the Plaintiff's proven or agreed damages.
  • The Defendant must pay the Plaintiff R325,000 for general damages and R337,515 for loss of income, payable within 14 days into the Plaintiff's attorneys' trust account.