L G v Road Accident Fund (33172017) [2020] ZAFSHC 165 (20 May 2020)

L G v Road Accident Fund (33172017) [2020] ZAFSHC 165 (20 May 2020)

The court found that the original order incorrectly included an amount for medical expenses that had not been adjudicated and was postponed for later determination. The correct capital amount should only reflect the loss of past and future earnings. The defendant is ordered to pay the amended capital amount and provide an undertaking for 70% of future medical expenses as required by section 17(4)(a) of the Road Accident Fund Act. The issue of medical expenses is postponed to the pre-trial roll. The defendant is also liable for the plaintiff's taxed or agreed costs, including specified expert fees and interest if payment is not made within the stipulated period.

Citation
[2020] ZAFSHC 165
Parties
Plaintiff: L G; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 May 2020
Case Number
33172017
Procedural Posture
Civil Trial / Amended Order
Outcome
Order amended to correct the capital amount and postpone the medical expenses claim.
Judges
P.E. Molitsoane
Legal Topics
Road Accident Fund Act, Loss of Earnings, Future Medical Expenses, Quantification of Damages
Civil Procedure Delict Road Accident Fund Act Loss of Earnings Future Medical Expenses Quantification of Damages

Case Brief

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Parties

L G

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Amended Order

Legal Issues

  1. 1 Whether the calculation of the capital amount awarded to the plaintiff was correct.
  2. 2 Whether the medical expenses claim should be included in the capital amount or postponed for later determination.
  3. 3 What undertakings and costs the defendant is liable for under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the original order incorrectly included an amount for medical expenses that had not been adjudicated and was postponed for later determination. The correct capital amount should only reflect the loss of past and future earnings. The defendant is ordered to pay the amended capital amount and provide an undertaking for 70% of future medical expenses as required by section 17(4)(a) of the Road Accident Fund Act. The issue of medical expenses is postponed to the pre-trial roll. The defendant is also liable for the plaintiff's taxed or agreed costs, including specified expert fees and interest if payment is not made within the stipulated period.

Court Disposition

Order amended to correct the capital amount and postpone the medical expenses claim.

Orders

  • The defendant shall pay the plaintiff the total amount of R1,554,256.20 for past and future loss of earnings.
  • The defendant shall provide the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act for 70% of future medical expenses within 30 days.