L.T obo L.T v Road Accident Fund (2018/4415) [2020] ZAGPPHC 101 (20 February 2020)

Parties

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

1. 1 Whether the minor child qualifies for general damages under the narrative test.
2. 2 What is the appropriate quantum for general damages and future loss of earning capacity.
3. 3 What contingencies should be applied to the calculation of future loss of earnings.

Ratio Decidendi

The court found that the minor child suffered a mild head injury and other physical and psychological sequelae as a result of the motor vehicle accident. While expert evidence supported the claim for general damages and future loss of earning capacity, the court was not persuaded that the child would have completed a degree, given the absence of evidence regarding early scholastic performance. The court applied a pre-morbid contingency of 35% and a post-morbid contingency of 50% to the calculation of future loss of earnings. Considering the nature of the injuries, expert opinions, and previous awards, the court determined that R550,000 was a just and reasonable amount for general damages....

Court Disposition

Plaintiff’s claim for general damages and loss of earning capacity succeeded. Defendant ordered to pay the determined amounts and provide statutory undertakings.

Orders

• The defendant shall pay the sum of R4,458,535.00 in respect of general damages and loss of earning capacity within 30 days of the date hereof.
• Interest shall be charged on the amount at the prescribed rate of interest per annum calculated from 30 days after judgment to the date of payment.