Mabaleka v Road Accident Fund (Draft Order) (3423/2019) [2022] ZAFSHC 325 (26 October 2022)
The court found the defendant liable for 100% of the plaintiff's proven or agreed damages arising from the motor vehicle accident of 16 March 2018. The issues of loss of income and future medical expenses were separated from other quantum issues in terms of Rule 33(4), with general damages to stand over for later...
Source-derived case information.
- Citation
- [2022] ZAFSHC 325
- Parties
- Plaintiff: Mabaleka R.D.; Defendant: Road Accident Fund
- Court
- Free State High Court, Bloemfontein
- Jurisdiction
- South Africa
- Case Number
- 3423/2019
- Procedural Posture
- Civil Trial / Quantum and Liability Determination; Separation of Issues Under Rule 33(4)
- Outcome
- Defendant found liable for 100% of plaintiff's proven or agreed damages; quantum issues partially adjudicated; costs and interest awarded.
- Judges
- Loubser
- Legal Topics
- Road Accident Fund Act, Loss of Earnings, Future Medical Expenses, Quantum Separation, Interest on Judgment Debt
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mabaleka R.D.
Plaintiff
Road Accident Fund
Defendant
Procedural Posture
Civil Trial / Quantum and Liability Determination; Separation of Issues Under Rule 33(4)
Legal Issues
- 1 Is the defendant liable for 100% of the plaintiff's proven or agreed damages arising from the motor vehicle accident of 16 March 2018?
- 2 Should the issues of loss of income and future medical expenses be separated from other quantum issues under Rule 33(4)?
- 3 What is the appropriate amount to be awarded for loss of earnings?
Ratio Decidendi
The court found the defendant liable for 100% of the plaintiff's proven or agreed damages arising from the motor vehicle accident of 16 March 2018. The issues of loss of income and future medical expenses were separated from other quantum issues in terms of Rule 33(4), with general damages to stand over for later adjudication. The plaintiff was awarded R5,719,139.00 for loss of earnings, payable into the trust account of the plaintiff's attorneys. The defendant was ordered to furnish an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act for future medical expenses. Costs, including expert fees, were awarded to the plaintiff, with interest on both the capital and costs...
Court Disposition
Defendant found liable for 100% of plaintiff's proven or agreed damages; quantum issues partially adjudicated; costs and interest awarded.
Orders
- The defendant is liable to pay 100% of the plaintiff's proven or agreed damages.
- The issues of loss of income and future medical expenses are separated from other quantum issues under Rule 33(4); general damages to stand over for later adjudication.
Full Case Text
Judgment text and source record
46 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
(FREESTATE DIVISON, BLOEMFONTEIN)
Case No. 3423/2019
25 & 26 October 2022
Before the Honourable LOUBSER, J
In the matter between:
MABALEKA R.D. Plaintiff
and
ROAD ACCIDENT FUND
Defendant
LINK NO: 4675030 I CLAIM NO: 560/12818603/1004/0
DRAFT ORDER
AFTER HAVING HEARD EVIDENCE AND HAVING READ THE PAPERS FILED, AN ORDER IS HEREBY GRANTED IN THE FOLLOWING TERMS:
1.
1.1 The Defendant is liable to pay 100% (One Hundred Percent) of the Plaintiffs proven or agreed damages;
1.2 The issues of loss of income and future medical expenses are separated from all the other issues in terms of Rule 33(4), with the remainder of the issues of quantum, being general damages to stand over for later adjudication.
2.
2.1 The Defendant shall pay the Plaintiff, the sum of R5 719 139.00 Five million seven hundred and nineteen thousand and one hundred and thirty nine Rand in respect of loss of earnings,
2.2 The Defendant shall pay the abovementioned amount into the trust account of the Plaintiffs Attorneys:
The Plaintiffs Attorney's trust account details are as follows:
ACCOUNT HOLDER: VZLR INC
BRANCH: ABSA
BUSINESS BANK HILLCREST
BRANCH CODE: 632005
TYPE OF ACCOUNT: TRUST ACCOUNT
ACCOUNT NUMBER: [....]
REFERENCE: MAT136138
2.3 The Defendant will be liable for payment of interest on such amount at 9% (at the more rate of 3.5% above the repo rate, as per the Prescribe Rate of Interest Act, 55 of 1975, as amended, per annum,) compounded and calculated 180 days from date of this order.
The Defendant shall furnish the Plaintiff with an Undertaking in terms of Section 17(4)(a) of Act 56 of 1996, in respect of future
accommodation of the Plaintiff in a hospital or nursing home or treatment of or the rendering of a service or supplying of goods of a medical and non-medical nature to the Plaintiff (and after the costs have been incurred and upon submission of proof thereof) arising out of the injuries sustained in the collision which occurred on 16 March 2018.
3.
3.1 The Defendant to pay, subject to the discretion of the taxing master, the Plaintiffs taxed or agreed party and party costs, on a High Court scale up to 26 October 2022 and including the date, when this order is made an order of court, including but not limited to the following, which shall include costs of counsel:
3.2 The reasonable qualifying and reservation and testifying fees of the following experts:
3.2.1 Dr LF Oelofse
Orthopaedic Surgeon for 26 October 2022
3.2.2 L Stehle nee Greyling Occupational Therapists for 25 October 2022
3.2.3 B Moodie
Industrial Psychologist for 25 & 26 October 2022
3.2.4 Johan Sauer
Actuary for 25 October 2022
3.2.5 Claire Hearne
Clinical Psychologist for 25 October 2022
3.3 In the event of default on the costs payment, interest shall accrue on such outstanding amount at the more rate of 3.5% above the repo rate on the date of taxation I settlement of the bill of cost, as per the Prescribe Rate of Interest Act, 55 of 1975, as amended, per annum, calculated from due date until the date of payment.
By Order of the Court
REGISTRAR