Magaqana obo M v Road Accident Fund (22663/16 .) [2018] ZAGPPHC 542 (30 July 2018)

Magaqana obo M v Road Accident Fund (22663/16 .) [2018] ZAGPPHC 542 (30 July 2018)

The court found that the trial judge did not err in the calculation of the plaintiff's loss of income or in the application of contingency deductions. The amount awarded was deemed reasonable in light of the facts and the absence of certain school reports. The court held that expert opinions are not binding and that the trial judge provided adequate reasons for his conclusions. Consequently, there were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Citation
[2018] ZAGPPHC 542
Parties
Plaintiff: L. V. Magaqana obo L. M; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 July 2018
Case Number
22663/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment on Quantum
Outcome
Application for leave to appeal dismissed with costs.
Judges
Ranchod
Legal Topics
Leave to Appeal, Loss of Income, Contingency Deductions, Expert Evidence
Civil Procedure Delict Leave to Appeal Loss of Income Contingency Deductions Expert Evidence

Case Brief

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Parties

L. V. Magaqana obo L. M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment on Quantum

Legal Issues

  1. 1 Whether the trial court erred in its calculation of the plaintiff's loss of income.
  2. 2 Whether the contingency deductions applied by the trial court were appropriate.
  3. 3 Whether the trial court erred in not accepting the expert opinions as binding.

Ratio Decidendi

The court found that the trial judge did not err in the calculation of the plaintiff's loss of income or in the application of contingency deductions. The amount awarded was deemed reasonable in light of the facts and the absence of certain school reports. The court held that expert opinions are not binding and that the trial judge provided adequate reasons for his conclusions. Consequently, there were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.