Makanatleng v Road Accident Fund (38660/2013) [2015] ZAGPJHC 109 (11 June 2015)

Makanatleng v Road Accident Fund (38660/2013) [2015] ZAGPJHC 109 (11 June 2015)

The court found that the plaintiff was qualified as a Grade C security officer and, but for the accident, could have sought employment in the security industry. Although she had not previously worked in that field, her qualifications entitled her to pursue such work. The accident rendered her unfit for security work and limited her to light or semi-sedentary employment, reducing her occupational choices and competitiveness. The court accepted the plaintiff's expert evidence and actuarial calculations based on scenario II (security officer earnings), but applied a higher contingency deduction due to uncertainty about whether she would have worked as a security guard. The court awarded...

Citation
[2015] ZAGPJHC 109
Parties
Plaintiff: Norah Makanatleng; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2015
Case Number
38660/2013
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for future loss of earning capacity is upheld. Defendant is ordered to pay R500,000 and costs.
Judges
T D Vilakazi
Legal Topics
Loss of Earning Capacity, Road Accident Fund Act, Future Loss of Income, Contingency Deduction
Delict Loss of Earning Capacity Road Accident Fund Act Future Loss of Income Contingency Deduction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Norah Makanatleng

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's future loss of earning capacity resulting from injuries sustained in a motor vehicle accident.
  2. 2 Should the calculation of future loss of earnings be based on the plaintiff's security qualifications or her previous employment history.
  3. 3 What contingency deduction should be applied given the uncertainty of the plaintiff's future employment prospects.

Ratio Decidendi

The court found that the plaintiff was qualified as a Grade C security officer and, but for the accident, could have sought employment in the security industry. Although she had not previously worked in that field, her qualifications entitled her to pursue such work. The accident rendered her unfit for security work and limited her to light or semi-sedentary employment, reducing her occupational choices and competitiveness. The court accepted the plaintiff's expert evidence and actuarial calculations based on scenario II (security officer earnings), but applied a higher contingency deduction due to uncertainty about whether she would have worked as a security guard. The court awarded...

Court Disposition

Plaintiff's claim for future loss of earning capacity is upheld. Defendant is ordered to pay R500,000 and costs.

Orders

  • The defendant is ordered to pay the plaintiff R500,000 in respect of loss of earning capacity.
  • The defendant is ordered to pay the plaintiff's taxed or agreed party and party costs on the High Court scale, including costs of expert reports and counsel.