KMS obo PS v Road Accident Fund (35419/2019) [2024] ZAGPPHC 375 (19 April 2024)

Parties

Procedural Posture

Civil Trial / Quantum and Costs Determination After Admission of Liability

Legal Issues

1. 1 Whether the defendant is liable to compensate the plaintiff for injuries sustained by the minor child PS in a motor vehicle collision.
2. 2 What amount of compensation should be awarded for past and future medical expenses, future loss of income, and general damages.
3. 3 Whether the plaintiff is entitled to costs and interest as claimed.

Ratio Decidendi

The defendant admitted liability for the injuries sustained by PS in the motor vehicle collision. The plaintiff's expert evidence regarding PS's physical, psychological, and educational impairments was unchallenged and accepted by the court. The actuarial report established a future loss of income of R 1,018,584, which the court found reasonable in the absence of contrary evidence or argument on contingencies. No evidence supported a claim for past medical expenses, but future medical expenses and general damages were substantiated. The issue of general damages was postponed to allow the plaintiff to make further submissions. Costs and interest were awarded as claimed, with detailed...

Court Disposition

Plaintiff's claim for loss of income is granted; general damages postponed sine die; costs and interest awarded; defendant ordered to provide section 17(4)(a) undertaking.

Orders

• The Defendant is ordered to pay the Plaintiff the amount of R 1,018,584 in full and final settlement of the claim for loss of income, payable to Maluleke Seriti Makume Matlala Inc.
• Interest at the prescribed rate per annum is payable on the amount from the 180th calendar day after the date of this order to date of payment if not paid timeously.