Lesego v RAF (91425/2015) [2017] ZAGPPHC 1208 (31 July 2017)

Lesego v RAF (91425/2015) [2017] ZAGPPHC 1208 (31 July 2017)

The court found that the plaintiff suffered significant injuries, including a mild to moderate concussive brain injury and multiple orthopaedic injuries, resulting in permanent impairment and loss of earning capacity. Expert evidence was uncontested and supported the plaintiff's claim for both past and future loss of earnings. The court accepted the actuarial calculations and applied contingency deductions of 15% for the 'but for' scenario and 45% for the 'having regard to' scenario, resulting in a net future loss of R3,210,173.00 and a total net loss of R3,230,857.00. The court further found that the plaintiff endured pain, suffering, and loss of amenities of life, warranting general...

Citation
[2017] ZAGPPHC 1208
Parties
Plaintiff: Gavu Lorraine Lesego; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 July 2017
Case Number
91425/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for damages is upheld. Defendant is ordered to pay the total amount awarded, provide a section 17(4)(a) undertaking, and pay costs.
Judges
Mahalelo
Legal Topics
Road Accident Fund Act, General Damages, Loss of Earning Capacity, Expert Evidence, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act General Damages Loss of Earning Capacity Expert Evidence Contingency Deductions

Case Brief

Summary, issues, holding and outcome

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Parties

Gavu Lorraine Lesego

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff suffered past loss of earnings as a result of the accident.
  2. 2 Whether the plaintiff is entitled to compensation for future loss of earning capacity.
  3. 3 What is the appropriate amount for general damages given the nature and severity of the injuries.

Ratio Decidendi

The court found that the plaintiff suffered significant injuries, including a mild to moderate concussive brain injury and multiple orthopaedic injuries, resulting in permanent impairment and loss of earning capacity. Expert evidence was uncontested and supported the plaintiff's claim for both past and future loss of earnings. The court accepted the actuarial calculations and applied contingency deductions of 15% for the 'but for' scenario and 45% for the 'having regard to' scenario, resulting in a net future loss of R3,210,173.00 and a total net loss of R3,230,857.00. The court further found that the plaintiff endured pain, suffering, and loss of amenities of life, warranting general...

Court Disposition

Plaintiff's claim for damages is upheld. Defendant is ordered to pay the total amount awarded, provide a section 17(4)(a) undertaking, and pay costs.

Orders

  • The defendant shall pay the sum of R4,180,857.00 to the plaintiff's attorneys in full and final settlement of the plaintiff's claim.
  • The defendant shall furnish the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act, 56 of 1996, for 100% of the costs of future accommodation, treatment, or services arising from the injuries sustained in the accident.