Lesaoana v Road Accident Fund (1135/2011) [2013] ZAFSHC 39 (7 March 2013)

Lesaoana v Road Accident Fund (1135/2011) [2013] ZAFSHC 39 (7 March 2013)

The court found that the plaintiff suffered severe and permanent injuries resulting in total unemployability and ongoing pain and suffering. The defendant conceded liability for proven damages and future medical expenses. The court determined that R550,000.00 is fair compensation for general damages, considering the nature and extent of the injuries and the plaintiff's inability to work. For loss of income, the court accepted that illegal earnings may be considered, applying a 30% deduction and awarding 70% of the agreed amount, resulting in R324,000.00. The total award for general damages and loss of income is R874,000.00. The defendant is also ordered to provide an undertaking for...

Citation
[2013] ZAFSHC 39
Parties
Plaintiff: Lesaoana Tankiso Eliazara; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 March 2013
Case Number
1135/2011
Procedural Posture
Civil Trial / Quantum Determination After Separation of Merits and Quantum
Outcome
Plaintiff's claim for general damages and loss of income is upheld. Defendant is ordered to pay R874,000.00 and provide an undertaking for future medical expenses.
Judges
Mhlambi
Legal Topics
Road Accident Fund Act, Personal Injury, Quantum of Damages, Loss of Income, Illegal Earnings, General Damages
Delict Civil Procedure Road Accident Fund Act Personal Injury Quantum of Damages Loss of Income Illegal Earnings General Damages

Case Brief

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Parties

Lesaoana Tankiso Eliazara

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Separation of Merits and Quantum

Legal Issues

  1. 1 What is the appropriate amount to award for general damages resulting from the plaintiff's injuries sustained in the motor vehicle accident.
  2. 2 What is the proper calculation for the plaintiff's loss of income, considering his status as a foreign national without a valid work permit.
  3. 3 Is the plaintiff entitled to future medical expenses and costs under Section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the plaintiff suffered severe and permanent injuries resulting in total unemployability and ongoing pain and suffering. The defendant conceded liability for proven damages and future medical expenses. The court determined that R550,000.00 is fair compensation for general damages, considering the nature and extent of the injuries and the plaintiff's inability to work. For loss of income, the court accepted that illegal earnings may be considered, applying a 30% deduction and awarding 70% of the agreed amount, resulting in R324,000.00. The total award for general damages and loss of income is R874,000.00. The defendant is also ordered to provide an undertaking for...

Court Disposition

Plaintiff's claim for general damages and loss of income is upheld. Defendant is ordered to pay R874,000.00 and provide an undertaking for future medical expenses.

Orders

  • Defendant is directed to pay the plaintiff an amount of R874,000.00 in respect of both general damages and loss of income.
  • Defendant shall provide the plaintiff with an undertaking in terms of Section 17(4)(a) of Act 56 of 1996 to pay all expenses of the plaintiff pertaining to future treatment and/or accommodation in a hospital and/or clinic or similar institution and for all expenses pertaining to the medical treatment as well as...