Machavi v Road Accident Fund (3366/2016) [2018] ZAGPPHC 895 (7 December 2018)

Machavi v Road Accident Fund (3366/2016) [2018] ZAGPPHC 895 (7 December 2018)

The court found that the plaintiff suffered severe injuries in the accident, including a head injury resulting in neurocognitive defects, which have permanently impaired his ability to perform his employment duties. Expert evidence established that the plaintiff is only retained in his current position due to the sympathy of his employer, and that he is unemployable in the open labour market. The court held that the concept of 'sheltered employment' cannot be factored into the quantification of future loss of earnings, as such employment is precarious and not guaranteed. The plaintiff's future earning capacity must be assessed on the basis of his ability to compete in the open labour...

Citation
[2018] ZAGPPHC 895
Parties
Plaintiff: Jeremiah Machavi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 December 2018
Case Number
3366/2016
Procedural Posture
Civil Trial / Quantum Determination (loss of Earnings)
Outcome
Judgment in favour of the plaintiff; defendant ordered to pay damages and costs.
Judges
Maumela
Legal Topics
Road Accident Fund, Loss of Earnings, Sheltered Employment, Quantification of Damages
Delict Civil Procedure Road Accident Fund Loss of Earnings Sheltered Employment Quantification of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Jeremiah Machavi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination (loss of Earnings)

Legal Issues

  1. 1 Whether the plaintiff's capacity to work has been so impacted by the accident that he is unemployable.
  2. 2 Whether the plaintiff is entitled to compensation for future loss of earnings, disregarding his current 'sheltered employment'.
  3. 3 Whether the defendant is liable for the plaintiff's future medical expenses and costs.

Ratio Decidendi

The court found that the plaintiff suffered severe injuries in the accident, including a head injury resulting in neurocognitive defects, which have permanently impaired his ability to perform his employment duties. Expert evidence established that the plaintiff is only retained in his current position due to the sympathy of his employer, and that he is unemployable in the open labour market. The court held that the concept of 'sheltered employment' cannot be factored into the quantification of future loss of earnings, as such employment is precarious and not guaranteed. The plaintiff's future earning capacity must be assessed on the basis of his ability to compete in the open labour...

Court Disposition

Judgment in favour of the plaintiff; defendant ordered to pay damages and costs.

Orders

  • The defendant is ordered to pay the plaintiff R1,452,080.00 in respect of loss of earnings.
  • The defendant is ordered to furnish the plaintiff with an undertaking for reasonable future medical and hospital expenses in terms of section 17(4)(a) of the Road Accident Fund Act.