Kgomo v Road Accident Fund (25846/10) [2011] ZAGPJHC 103 (2 September 2011)

Kgomo v Road Accident Fund (25846/10) [2011] ZAGPJHC 103 (2 September 2011)

The court found that the minor, M, suffered severe and permanent neuro-cognitive and physical injuries rendering him unemployable in the open labour market. Expert evidence established that, but for the accident, M would likely have obtained a technical qualification and entered semi-skilled employment, progressing to higher earnings. The plaintiff's actuary's calculations, based on conservative assumptions and a 20% contingency deduction, were accepted as reasonable. The court awarded R1,458,956 for future loss of earning capacity, reflecting the defendant's 90% liability. For general damages, the court considered recent comparable awards and the modern tendency towards higher...

Citation
[2011] ZAGPJHC 103
Parties
Plaintiff: Alfred Kgomo; Plaintiff: L M K; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 September 2011
Case Number
25846/10
Procedural Posture
Civil Trial / Quantification of Damages After Liability Settled
Outcome
Plaintiff's claim for damages is upheld. Defendant is ordered to pay proven medical expenses, future loss of earning capacity, general damages, and costs associated with the creation and administration of a trust for the minor.
Judges
FHD Van Oosten
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Earning Capacity, General Damages, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Quantum of Damages Loss of Earning Capacity General Damages Contingency Deduction

Case Brief

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Parties

Alfred Kgomo

Plaintiff

L M K

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Liability Settled

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earning capacity of the injured minor?
  2. 2 What is the appropriate amount for general damages given the nature and extent of the injuries?
  3. 3 Should the defendant be liable for the costs of creating and administering a trust for the minor's benefit?

Ratio Decidendi

The court found that the minor, M, suffered severe and permanent neuro-cognitive and physical injuries rendering him unemployable in the open labour market. Expert evidence established that, but for the accident, M would likely have obtained a technical qualification and entered semi-skilled employment, progressing to higher earnings. The plaintiff's actuary's calculations, based on conservative assumptions and a 20% contingency deduction, were accepted as reasonable. The court awarded R1,458,956 for future loss of earning capacity, reflecting the defendant's 90% liability. For general damages, the court considered recent comparable awards and the modern tendency towards higher...

Court Disposition

Plaintiff's claim for damages is upheld. Defendant is ordered to pay proven medical expenses, future loss of earning capacity, general damages, and costs associated with the creation and administration of a trust for the minor.

Orders

  • Defendant is ordered to pay to the first plaintiff the sum of R124,071.30.
  • Defendant is ordered to pay to the second plaintiff, L M K, the sum of R2,178,956.