Kriel obo I M v Road Accident Fund (1700/2015) [2018] ZAFSHC 182 (8 November 2018)

Kriel obo I M v Road Accident Fund (1700/2015) [2018] ZAFSHC 182 (8 November 2018)

The court found that the plaintiff suffered severe injuries, including permanent brain damage, which rendered him a highly vulnerable worker with virtually no prospects of future employment. The expert evidence was uncontested, and the actuarial calculation of gross income loss was accepted. Applying a 15% contingency deduction, the court determined the plaintiff's loss at R1,500,706.45. The defendant was held liable for 100% of the proven or agreed damages relating to loss of income. The court ordered the establishment of a trust to administer the plaintiff's estate and specified the payment of damages, interest, and costs. The issue of general damages was reserved for determination by...

Citation
[2018] ZAFSHC 182
Parties
Plaintiff: ADV. H. KRIEL obo I M; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 November 2018
Case Number
1700/2015
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for loss of income upheld; defendant ordered to pay damages and costs; trust to be established for administration of funds.
Judges
Mathebula
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Income, Actuarial Assessment, Contingency Deduction
Civil Procedure Delict Road Accident Fund Act Quantum of Damages Loss of Income Actuarial Assessment Contingency Deduction

Case Brief

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Parties

ADV. H. KRIEL obo I M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum for past and future loss of income suffered by the plaintiff as a result of the motor vehicle accident.
  2. 2 Whether the plaintiff is entitled to compensation for loss of earning capacity and related damages.
  3. 3 What contingency deduction should be applied to the actuarial calculation of damages.

Ratio Decidendi

The court found that the plaintiff suffered severe injuries, including permanent brain damage, which rendered him a highly vulnerable worker with virtually no prospects of future employment. The expert evidence was uncontested, and the actuarial calculation of gross income loss was accepted. Applying a 15% contingency deduction, the court determined the plaintiff's loss at R1,500,706.45. The defendant was held liable for 100% of the proven or agreed damages relating to loss of income. The court ordered the establishment of a trust to administer the plaintiff's estate and specified the payment of damages, interest, and costs. The issue of general damages was reserved for determination by...

Court Disposition

Plaintiff's claim for loss of income upheld; defendant ordered to pay damages and costs; trust to be established for administration of funds.

Orders

  • The Defendant is liable for 100% of the plaintiff's proven or agreed damages pertaining to injuries and loss of income sustained in the motor vehicle collision on 26 October 2011.
  • The Defendant shall pay damages in respect of loss of income to the Plaintiff's attorneys pending the creation of a trust, in the amount of R1,500,000.00 within 14 days of this order.