Khakhang v Road Accident Fund (1983/2018) [2021] ZAFSHC 306 (2 December 2021)

Khakhang v Road Accident Fund (1983/2018) [2021] ZAFSHC 306 (2 December 2021)

The Court accepted the uncontested expert evidence of the Plaintiff regarding the nature and impact of his injuries, which significantly impair his ability to perform physical work and render him an unfair competitor in the open labour market. The actuarial calculations provided a logical and fair basis for quantifying past and future loss of earnings, with a 15% contingency applied. Comparable cases and the severity of the Plaintiff's injuries justified an award of R400,000.00 for general damages. The Defendant is liable for the Plaintiff's costs, including the reasonable qualifying fees of the Plaintiff's experts. The orders reflect the Court's assessment of what is reasonable, fair,...

Citation
[2021] ZAFSHC 306
Parties
Plaintiff: George Khakhang; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 December 2021
Case Number
1983/2018
Procedural Posture
Civil Trial / Damages Quantification After Partial Settlement of Liability
Outcome
Plaintiff's claim for damages is upheld; Defendant is ordered to pay specified amounts for loss of earnings and general damages, provide a statutory undertaking, and pay costs.
Judges
Chesiwe
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Allowances, Expert Evidence
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Allowances Expert Evidence

Case Brief

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Parties

George Khakhang

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Damages Quantification After Partial Settlement of Liability

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 fair and reasonable amount for general damages given the nature and severity of the Plaintiff's injuries.
  3. 3 What contingency allowances should be applied to the actuarial calculations.

Ratio Decidendi

The Court accepted the uncontested expert evidence of the Plaintiff regarding the nature and impact of his injuries, which significantly impair his ability to perform physical work and render him an unfair competitor in the open labour market. The actuarial calculations provided a logical and fair basis for quantifying past and future loss of earnings, with a 15% contingency applied. Comparable cases and the severity of the Plaintiff's injuries justified an award of R400,000.00 for general damages. The Defendant is liable for the Plaintiff's costs, including the reasonable qualifying fees of the Plaintiff's experts. The orders reflect the Court's assessment of what is reasonable, fair,...

Court Disposition

Plaintiff's claim for damages is upheld; Defendant is ordered to pay specified amounts for loss of earnings and general damages, provide a statutory undertaking, and pay costs.

Orders

  • The Defendant shall provide the Plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996.
  • The Defendant shall pay the Plaintiff R1,184,120.00 for loss of earnings.