Kirkhoff v Road Accident Fund - Amendment Order (5994/2015) [2023] ZAFSHC 297 (29 July 2023)

Kirkhoff v Road Accident Fund - Amendment Order (5994/2015) [2023] ZAFSHC 297 (29 July 2023)

The court identified a patent error in the previous order regarding the amount awarded for future loss of income. In terms of Rule 42(1)(b), the court is empowered to correct such errors mero motu. The correct amount, as supported by the evidence and actuarial calculations, is R548,700. The order is varied accordingly, and all other terms of the original order remain unchanged. The defendant is directed to pay the corrected amount and comply with the undertakings and costs orders as previously set out.

Citation
[2023] ZAFSHC 297
Parties
Plaintiff: Craig Eddie Kirkhoff; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 July 2023
Case Number
5994/2015
Procedural Posture
Amendment Order / Order Varying Previous Judgment Under Rule 42(1)(b)
Outcome
Order varied to correct the amount awarded for future loss of income; all other terms remain unchanged.
Judges
Gusha
Legal Topics
Road Accident Fund Act, Variation of Judgment, General Damages, Future Loss of Income
Civil Procedure Delict Road Accident Fund Act Variation of Judgment General Damages Future Loss of Income

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Parties

Craig Eddie Kirkhoff

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Amendment Order / Order Varying Previous Judgment Under Rule 42(1)(b)

Legal Issues

  1. 1 Whether the previous order contained a patent error in the amount awarded for future loss of income.
  2. 2 Whether the court may mero motu vary the order under Rule 42(1)(b).

Ratio Decidendi

The court identified a patent error in the previous order regarding the amount awarded for future loss of income. In terms of Rule 42(1)(b), the court is empowered to correct such errors mero motu. The correct amount, as supported by the evidence and actuarial calculations, is R548,700. The order is varied accordingly, and all other terms of the original order remain unchanged. The defendant is directed to pay the corrected amount and comply with the undertakings and costs orders as previously set out.

Court Disposition

Order varied to correct the amount awarded for future loss of income; all other terms remain unchanged.

Orders

  • The plaintiff’s claim for damages in respect of past loss of earnings is dismissed.
  • The defendant shall pay to the plaintiff R350,000.00 in respect of general damages arising from the motor vehicle accident on 21 June 2013.