Kleyngeld v Road Accident Fund (65774/2012) [2016] ZAGPPHC 819 (9 September 2016)

Kleyngeld v Road Accident Fund (65774/2012) [2016] ZAGPPHC 819 (9 September 2016)

The court found that the plaintiff's injuries and resulting sequelae have rendered her a vulnerable employee with diminished productivity and restricted physical abilities, limiting her teaching to grade 4 and above. Although there is no complete change in vocation, these limitations warrant the application of a contingency deduction above the general bracket. The court rejected the use of whole body impairment percentage as the basis for the contingency and accepted a 10% spread as appropriate, reflecting the compromise in the plaintiff's earning capacity. The plaintiff demonstrated a diminution in patrimony, justifying compensation for future loss of earning capacity.

Citation
[2016] ZAGPPHC 819
Parties
Plaintiff: Sunet Kleyngeld; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 September 2016
Case Number
65774/2012
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiff's claim for future loss of earning capacity is upheld; the contingency deduction is set at 10%.
Judges
W. Hughes
Legal Topics
Loss of Earning Capacity, Contingency Deduction, Patrimonial Loss, Future Loss of Earnings
Delict Loss of Earning Capacity Contingency Deduction Patrimonial Loss Future Loss of Earnings

Case Brief

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Parties

Sunet Kleyngeld

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's future loss of earning capacity calculation.
  2. 2 Has the plaintiff suffered a diminution in patrimony as a result of the accident.

Ratio Decidendi

The court found that the plaintiff's injuries and resulting sequelae have rendered her a vulnerable employee with diminished productivity and restricted physical abilities, limiting her teaching to grade 4 and above. Although there is no complete change in vocation, these limitations warrant the application of a contingency deduction above the general bracket. The court rejected the use of whole body impairment percentage as the basis for the contingency and accepted a 10% spread as appropriate, reflecting the compromise in the plaintiff's earning capacity. The plaintiff demonstrated a diminution in patrimony, justifying compensation for future loss of earning capacity.

Court Disposition

Plaintiff's claim for future loss of earning capacity is upheld; the contingency deduction is set at 10%.

Orders

  • The defendant, Road Accident Fund, is ordered to pay the plaintiff, Sunet Kleyngeld, the amount of R789,618.00 in respect of her claim for future loss of earning capacity.
  • The order attached marked 'X' is made an order of court.