M obo M v Road Accident Fund (4484/2016) [2018] ZAGPJHC 451 (18 June 2018)

M obo M v Road Accident Fund (4484/2016) [2018] ZAGPJHC 451 (18 June 2018)

The court accepted expert evidence that the plaintiff suffered a mild concussive brain injury, visible scarring, post-traumatic stress disorder, and depressive symptoms, resulting in cognitive, psychological, and behavioural impairments. These sequelae reduced her educational and occupational potential, rendering her vulnerable in the open labour market. The court found the scenario in which the plaintiff achieves a Higher Certificate or Diploma to be more realistic, given her vulnerabilities. A 20% contingency was applied to pre-morbid earnings and a 30% contingency to post-morbid earnings, resulting in a future loss of income of R2,038,499. For general damages, the court considered...

Citation
[2018] ZAGPJHC 451
Parties
Plaintiff: T. A. M. obo K. M.; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 June 2018
Case Number
4484/2016
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Judgment for the plaintiff. The defendant is ordered to pay the plaintiff R2,438,499, comprising R400,000 for general damages and R2,038,499 for loss of earnings.
Judges
MIA
Legal Topics
Road Accident Fund Act, General Damages, Loss of Earnings, Contingency Deductions, Personal Injury, Quantum of Damages
Delict Civil Procedure Road Accident Fund Act General Damages Loss of Earnings Contingency Deductions Personal Injury Quantum of Damages

Case Brief

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Parties

T. A. M. obo K. M.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's injuries sustained in the motor vehicle collision.
  2. 2 What is the plaintiff's future loss of earnings as a result of the injuries and sequelae.
  3. 3 What contingency deductions are appropriate in calculating the plaintiff's loss of earnings.

Ratio Decidendi

The court accepted expert evidence that the plaintiff suffered a mild concussive brain injury, visible scarring, post-traumatic stress disorder, and depressive symptoms, resulting in cognitive, psychological, and behavioural impairments. These sequelae reduced her educational and occupational potential, rendering her vulnerable in the open labour market. The court found the scenario in which the plaintiff achieves a Higher Certificate or Diploma to be more realistic, given her vulnerabilities. A 20% contingency was applied to pre-morbid earnings and a 30% contingency to post-morbid earnings, resulting in a future loss of income of R2,038,499. For general damages, the court considered...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay the plaintiff R2,438,499, comprising R400,000 for general damages and R2,038,499 for loss of earnings.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R2,438,499.
  • The defendant is to furnish an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act for future hospital and medical costs.