Khoza v Road Accident Fund (2582/2015) [2019] ZAFSHC 44 (9 May 2019)

Khoza v Road Accident Fund (2582/2015) [2019] ZAFSHC 44 (9 May 2019)

The court found that the plaintiff suffered significant injuries resulting in ongoing pain and physical limitations, which adversely affected his ability to work as a vendor and precluded employment as a boilermaker. Expert evidence from occupational therapists and an industrial psychologist was uncontested and confirmed the plaintiff's diminished competitiveness and employability in the open labour market. The court accepted the actuarial calculations for past and future loss of income, applying reasonable contingency deductions of 15% for the uninjured state and 40% for the injured state. The defendant's arguments regarding the potential for recovery and lack of patrimonial loss were...

Citation
[2019] ZAFSHC 44
Parties
Plaintiff: Samson Daniel Khoza; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 May 2019
Case Number
2582/2015
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for past and future loss of income is upheld. Defendant is ordered to pay the capital amount, provide an undertaking for future medical expenses, and pay costs. Claim for general damages postponed.
Judges
C Reinders
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantum of Damages, Expert Evidence, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Quantum of Damages Expert Evidence Contingency Deductions

Case Brief

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Parties

Samson Daniel Khoza

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 Whether the plaintiff suffered past and future loss of income as a result of injuries sustained in the motor vehicle accident.
  2. 2 Whether the plaintiff's earning capacity and patrimony have been diminished due to the accident.
  3. 3 What is the appropriate quantum for past and future loss of income, including contingency deductions.

Ratio Decidendi

The court found that the plaintiff suffered significant injuries resulting in ongoing pain and physical limitations, which adversely affected his ability to work as a vendor and precluded employment as a boilermaker. Expert evidence from occupational therapists and an industrial psychologist was uncontested and confirmed the plaintiff's diminished competitiveness and employability in the open labour market. The court accepted the actuarial calculations for past and future loss of income, applying reasonable contingency deductions of 15% for the uninjured state and 40% for the injured state. The defendant's arguments regarding the potential for recovery and lack of patrimonial loss were...

Court Disposition

Plaintiff's claim for past and future loss of income is upheld. Defendant is ordered to pay the capital amount, provide an undertaking for future medical expenses, and pay costs. Claim for general damages postponed.

Orders

  • The Defendant shall pay the Plaintiff the amount of R 2,398,350.00, comprising R 458,035.00 for past loss of income and R 1,940,315.00 for future loss of income.
  • Payment of the total capital amount shall be made on or before 1 July 2019, failing which interest will accrue at the statutory rate a tempora morae.