Khoza v Road Accident Fund (12297/2014) [2019] ZAGPPHC 648 (22 October 2019)

Khoza v Road Accident Fund (12297/2014) [2019] ZAGPPHC 648 (22 October 2019)

The court found that the plaintiff's lack of career progress was not solely attributable to the accident, but also to personal decisions to abandon certain studies and career paths. Given the plaintiff's youth and residual capacity to work, higher than normal contingency deductions were justified. The court applied a 20% deduction to past loss of income and a 30% deduction to future loss of income, resulting in a total award of R 989,674.64, limited to 80% liability as previously determined. The court also ordered an undertaking for future medical expenses and postponed the issue of general damages.

Citation
[2019] ZAGPPHC 648
Parties
Plaintiff: Khoza, Mbusowakhe; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 October 2019
Case Number
12297/2014
Procedural Posture
Civil Trial / Quantum Determination After Merits Resolved
Outcome
Plaintiff's claim for loss of earnings and earning capacity is upheld in the amount of R 989,674.64, with further orders regarding medical undertakings, costs, and postponement of general damages.
Judges
Swanepoel
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Personal Injury, Quantum of Damages
Delict Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Personal Injury Quantum of Damages

Case Brief

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Parties

Khoza, Mbusowakhe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Resolved

Legal Issues

  1. 1 What is the appropriate quantum for past and future loss of income and earning capacity resulting from the accident.
  2. 2 What contingency deductions should be applied to the plaintiff's claims for past and future loss of income.
  3. 3 Is the plaintiff's lack of career progress attributable solely to the accident or also to personal choices.

Ratio Decidendi

The court found that the plaintiff's lack of career progress was not solely attributable to the accident, but also to personal decisions to abandon certain studies and career paths. Given the plaintiff's youth and residual capacity to work, higher than normal contingency deductions were justified. The court applied a 20% deduction to past loss of income and a 30% deduction to future loss of income, resulting in a total award of R 989,674.64, limited to 80% liability as previously determined. The court also ordered an undertaking for future medical expenses and postponed the issue of general damages.

Court Disposition

Plaintiff's claim for loss of earnings and earning capacity is upheld in the amount of R 989,674.64, with further orders regarding medical undertakings, costs, and postponement of general damages.

Orders

  • Defendant must pay plaintiff R 989,674.64 in respect of loss of earnings and earning capacity.
  • Defendant must furnish an undertaking in terms of section 17(4)(a) of Act 56 of 1996, limited to 80% of such costs, within one month.