M[....] v Road Accident Fund (62773/2012) [2020] ZAGPPHC 766 (21 December 2020)

M[....] v Road Accident Fund (62773/2012) [2020] ZAGPPHC 766 (21 December 2020)

The court found that the plaintiff suffered a severe brain injury resulting in permanent neurological and cognitive deficits, which compromise her intellectual potential and work capacity. Despite these impairments, the plaintiff managed to pursue tertiary education and is in her final year of studies. The court accepted the expert evidence that, with psychotherapy, the plaintiff could cope with workplace demands but remains a vulnerable employee. The court exercised its discretion to adopt Algorithm Consultants and Actuaries' Basis 1B for the calculation of future loss of income, applying contingency deductions of 21.50% (uninjured) and 30% (injured) as fair and reasonable in the...

Citation
[2020] ZAGPPHC 766
Parties
Plaintiff: M[....]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 December 2020
Case Number
62773/2012
Procedural Posture
Civil Trial / Quantum Determination (future Loss of Income)
Outcome
Plaintiff awarded recalculated damages for future loss of income based on Algorithm Consultants and Actuaries' Basis 1B, with specified contingency deductions. Defendant ordered to pay costs excluding postponement costs.
Judges
N P Mngqibisa-Thusi
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earning Capacity, Quantum of Damages
Delict Road Accident Fund Act Personal Injury Loss of Earning Capacity Quantum of Damages

Case Brief

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Parties

M[....]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination (future Loss of Income)

Legal Issues

  1. 1 What is the appropriate quantum for future loss of income and/or earning capacity resulting from the plaintiff's injuries sustained in a motor vehicle accident.
  2. 2 What contingency deductions should be applied to the calculation of future loss of income.
  3. 3 Whether the defendant should be liable for costs of a postponement occasioned by the non-availability of a judge.

Ratio Decidendi

The court found that the plaintiff suffered a severe brain injury resulting in permanent neurological and cognitive deficits, which compromise her intellectual potential and work capacity. Despite these impairments, the plaintiff managed to pursue tertiary education and is in her final year of studies. The court accepted the expert evidence that, with psychotherapy, the plaintiff could cope with workplace demands but remains a vulnerable employee. The court exercised its discretion to adopt Algorithm Consultants and Actuaries' Basis 1B for the calculation of future loss of income, applying contingency deductions of 21.50% (uninjured) and 30% (injured) as fair and reasonable in the...

Court Disposition

Plaintiff awarded recalculated damages for future loss of income based on Algorithm Consultants and Actuaries' Basis 1B, with specified contingency deductions. Defendant ordered to pay costs excluding postponement costs.

Orders

  • Algorithm Consultants and Actuaries is directed to recalculate the amount for loss of income awarded to the plaintiff by adopting Basis 1B of its previous report and applying a contingency deduction of 21.50% (uninjured) and 30% (injured).
  • Payment of the recalculated amount for future loss of income is to be made directly into the account of Edeling Van Niekerk Incorporated at Nedbank, Business Westrand branch.