K.M v Road Accident Fund (RAF 276/2022) [2025] ZANWHC 133 (25 July 2025)

K.M v Road Accident Fund (RAF 276/2022) [2025] ZANWHC 133 (25 July 2025)

The plaintiff's claim has not prescribed as the prescription period was suspended during her minority and all procedural steps were taken within the statutory time limits. The quantum of damages is determined based on expert evidence and actuarial calculations, with a 35% contingency deduction applied to pre-morbid earnings to reflect the plaintiff's educational profile and socio-economic risks. The establishment of a trust is warranted to protect the plaintiff's interests, given her youth and the size of the award. The Road Accident Fund is liable for 100% of the plaintiff's proven damages, including future medical expenses, general damages, and loss of earnings.

Citation
[2025] ZANWHC 133
Parties
Plaintiff: K[...] M[...]; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
25 July 2025
Case Number
RAF 276/2022
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim succeeds in full. The Road Accident Fund is ordered to pay 100% of proven damages, including future medical expenses, general damages, and loss of earnings. A trust is to be established for the management of the award.
Judges
Oosthuizen-Senekal
Legal Topics
Road Accident Fund Act, Prescription of Claims, Contingency Deductions, Quantification of Damages, Establishment of Trust, Minor Claimant Protection
Delict Civil Procedure Road Accident Fund Act Prescription of Claims Contingency Deductions Quantification of Damages Establishment of Trust Minor Claimant Protection

Case Brief

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Parties

K[...] M[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff's claim against the Road Accident Fund has prescribed under section 23 of the Road Accident Fund Act.
  2. 2 What is the appropriate quantum of damages for future medical expenses, general damages, and loss of earnings.
  3. 3 Whether the establishment of a trust for the management of the award is warranted given the plaintiff's circumstances.

Ratio Decidendi

The plaintiff's claim has not prescribed as the prescription period was suspended during her minority and all procedural steps were taken within the statutory time limits. The quantum of damages is determined based on expert evidence and actuarial calculations, with a 35% contingency deduction applied to pre-morbid earnings to reflect the plaintiff's educational profile and socio-economic risks. The establishment of a trust is warranted to protect the plaintiff's interests, given her youth and the size of the award. The Road Accident Fund is liable for 100% of the plaintiff's proven damages, including future medical expenses, general damages, and loss of earnings.

Court Disposition

Plaintiff's claim succeeds in full. The Road Accident Fund is ordered to pay 100% of proven damages, including future medical expenses, general damages, and loss of earnings. A trust is to be established for the management of the award.

Orders

  • The Defendant is ordered to pay 100% of the Plaintiff’s proven damages.
  • The Defendant shall pay R9,592,253.00 in settlement of the Plaintiff’s loss of earnings and general damages to Mokhetle Attorneys Inc.