Lebesa obo T v RAF (6670/2013) [2017] ZAGPPHC 1170 (10 August 2017)

Lebesa obo T v RAF (6670/2013) [2017] ZAGPPHC 1170 (10 August 2017)

The court found that the plaintiff's minor son suffered moderate traumatic brain injury, post-traumatic epilepsy, and significant scarring, resulting in persistent high learning support needs and diminished earning capacity. Expert consensus indicated that he would require special schooling and may only achieve technical qualifications, with sympathetic employment prospects. The court accepted the actuarial calculations provided by the plaintiff and determined that a 20% contingency deduction pre-morbid and 15% post-morbid were fair and reasonable. For general damages, the court considered comparable awards, the severity of injuries, and the impact on the minor's life, ultimately awarding...

Citation
[2017] ZAGPPHC 1170
Parties
Plaintiff: Lebesa Mamohlomi obo T; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 August 2017
Case Number
6670/2013
Procedural Posture
Civil Trial / Quantum of Damages Determination
Outcome
Judgment for the plaintiff. Defendant ordered to pay capital amount, furnish undertaking for future expenses, and pay costs.
Judges
C Pretorius
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earnings, Contingency Deduction, General Damages
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Earnings Contingency Deduction General Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Lebesa Mamohlomi obo T

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages Determination

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's future loss of earnings post-morbid.
  2. 2 What is a reasonable amount for general damages given the plaintiff's injuries and prognosis.
  3. 3 Should the defendant furnish an undertaking for future medical and related expenses.

Ratio Decidendi

The court found that the plaintiff's minor son suffered moderate traumatic brain injury, post-traumatic epilepsy, and significant scarring, resulting in persistent high learning support needs and diminished earning capacity. Expert consensus indicated that he would require special schooling and may only achieve technical qualifications, with sympathetic employment prospects. The court accepted the actuarial calculations provided by the plaintiff and determined that a 20% contingency deduction pre-morbid and 15% post-morbid were fair and reasonable. For general damages, the court considered comparable awards, the severity of injuries, and the impact on the minor's life, ultimately awarding...

Court Disposition

Judgment for the plaintiff. Defendant ordered to pay capital amount, furnish undertaking for future expenses, and pay costs.

Orders

  • The Defendant shall pay to the Plaintiff the capital amount of R7,051,372.00 together with interest a tempore morae as per the Prescribed Rate of Interest Act 55 of 1975 and section 17(3)(a) of the Road Accident Fund Act 56 of 1996.
  • Payment to be made directly to the trust account of the Plaintiff's attorneys within fourteen (14) days.