M M v Road Accident Fund (2980/2016) [2018] ZAFSHC 190 (30 October 2018)

M M v Road Accident Fund (2980/2016) [2018] ZAFSHC 190 (30 October 2018)

The court found that the plaintiff's evidence, supported by expert testimony, was uncontested and established on a balance of probabilities that she suffered a total loss of earning capacity due to injuries sustained in the motor vehicle accident. The plaintiff is entitled to damages for past and future loss of income, quantified at R1,319,374.00. No evidence was presented for past and future medical expenses, so those claims were not awarded. The defendant is required to furnish an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for future medical costs. Costs are awarded to the plaintiff, including expert and trial-related costs. The issue of general damages is referred to...

Citation
[2018] ZAFSHC 190
Parties
Plaintiff: M M; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 October 2018
Case Number
2980/2016
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for loss of earnings is granted; claim for medical expenses is not awarded; general damages referred to HPCSA; costs awarded to plaintiff.
Judges
Mathebula
Legal Topics
Road Accident Fund, Loss of Earnings, Future Medical Expenses, Quantum of Damages, Section 17 Undertaking
Delict Civil Procedure Road Accident Fund Loss of Earnings Future Medical Expenses Quantum of Damages Section 17 Undertaking

Case Brief

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Parties

M M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for past and future loss of income resulting from injuries sustained in a motor vehicle accident.
  2. 2 Whether the plaintiff is entitled to damages for past and future medical expenses.
  3. 3 Whether the defendant must furnish an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for future medical costs.

Ratio Decidendi

The court found that the plaintiff's evidence, supported by expert testimony, was uncontested and established on a balance of probabilities that she suffered a total loss of earning capacity due to injuries sustained in the motor vehicle accident. The plaintiff is entitled to damages for past and future loss of income, quantified at R1,319,374.00. No evidence was presented for past and future medical expenses, so those claims were not awarded. The defendant is required to furnish an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for future medical costs. Costs are awarded to the plaintiff, including expert and trial-related costs. The issue of general damages is referred to...

Court Disposition

Plaintiff's claim for loss of earnings is granted; claim for medical expenses is not awarded; general damages referred to HPCSA; costs awarded to plaintiff.

Orders

  • The Defendant is to pay the Plaintiff's attorneys the sum of R1,319,374.00 in respect of loss of earnings.
  • The aforesaid amount will be paid into the Plaintiff's Attorney's trust account as specified.