Makangu and Another v Road Accident Fund (30137/2003) [2007] ZAGPHC 31 (18 April 2007)

Makangu and Another v Road Accident Fund (30137/2003) [2007] ZAGPHC 31 (18 April 2007)

The court accepted the actuarial approach to calculating B.M.M.'s future loss of earning capacity, using two scenarios: completion of grade 11 and matriculation. It found a 40% probability that B.M.M. would have matriculated, based on expert evidence and her motivation. The difference in earnings between the two scenarios was calculated and the probability applied. The court determined that a 20% contingency deduction was fair, considering B.M.M.'s background and the sliding scale for young children. The final award for loss of earning capacity was R1 413 872,00. The defendant was ordered to pay general damages, funeral expenses, and to furnish undertakings for future medical and care...

Citation
[2007] ZAGPHC 31
Parties
Plaintiff: M.M. Makangu; Plaintiff: Annalie Coetzee NO; Defendant: Road Accident Fund
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
18 April 2007
Case Number
30137/2003
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiffs' claims for general damages, funeral expenses, and future loss of earning capacity are upheld. Defendant is ordered to pay the specified amounts and furnish undertakings for future costs.
Judges
B.R. Southwood
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Deduction, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Deduction Future Medical Expenses

Case Brief

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Parties

M.M. Makangu

Plaintiff

Annalie Coetzee NO

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum for general damages and funeral expenses for the first plaintiff.
  2. 2 What is the correct approach to calculating future loss of earning capacity for B.M.M., a minor.
  3. 3 What contingency deduction should be applied to the actuarial calculation of B.M.M.'s future loss of earnings.

Ratio Decidendi

The court accepted the actuarial approach to calculating B.M.M.'s future loss of earning capacity, using two scenarios: completion of grade 11 and matriculation. It found a 40% probability that B.M.M. would have matriculated, based on expert evidence and her motivation. The difference in earnings between the two scenarios was calculated and the probability applied. The court determined that a 20% contingency deduction was fair, considering B.M.M.'s background and the sliding scale for young children. The final award for loss of earning capacity was R1 413 872,00. The defendant was ordered to pay general damages, funeral expenses, and to furnish undertakings for future medical and care...

Court Disposition

Plaintiffs' claims for general damages, funeral expenses, and future loss of earning capacity are upheld. Defendant is ordered to pay the specified amounts and furnish undertakings for future costs.

Orders

  • Defendant to pay R60 000 to the plaintiff in her personal capacity for general damages.
  • Defendant to pay R1 688,81 to the plaintiff for funeral expenses.