Kuhn v Road Accident Fund (1846/2021) [2025] ZAFSHC 28 (7 February 2025)

Parties

Procedural Posture

Civil Claim / Final Judgment

Legal Issues

1. 1 Whether the Plaintiff has proved a loss of earning capacity resulting in actual patrimonial loss due to injuries sustained in the collision.
2. 2 Whether the Plaintiff is entitled to compensation for past hospital and medical expenses paid by a medical aid fund.

Ratio Decidendi

The Court found that the Plaintiff failed to discharge the onus of proving that the accident or resulting injuries caused a loss of earning capacity or future earnings to the extent claimed. The evidence showed that the Plaintiff continued to operate his business, perform quotations, and utilize subcontractors as he did prior to the accident. The reduction in income was influenced by external factors, including increased business expenses and the Covid-19 pandemic, rather than solely by the accident. The Plaintiff's actuarial calculations assumed cessation of income, which was contradicted by his own testimony. The Court held that compensation is intended for actual loss suffered, not...

Court Disposition

Plaintiff's claim for loss of past and future income is dismissed; Defendant is ordered to pay Plaintiff for past hospital and medical expenses and general damages, subject to apportionment.

Orders

• Plaintiff’s claim for loss of past and future loss of income is dismissed.
• Defendant is ordered to pay Plaintiff an amount of R161 340.00 in respect of past hospital and medical expenses.