Makaudi v Road Accident Fund (68341/2014) [2017] ZAGPPHC 406 (9 May 2017)

Makaudi v Road Accident Fund (68341/2014) [2017] ZAGPPHC 406 (9 May 2017)

The court found that the plaintiff suffered severe injuries in the motor vehicle accident, including a significant head injury, which resulted in her being unemployable in both domestic and sedentary work. The expert evidence presented by Ms Ngoako was accepted as credible and persuasive, while the defendant's expert, Ms Hough, was found to have based her opinion on incorrect facts and her evidence was disregarded. The court applied a 5% contingency deduction to past loss of earnings, as is standard, and declined to apply any contingency deduction to future loss of earnings, given the plaintiff's circumstances and lack of residual earning capacity. The parties had agreed on general...

Citation
[2017] ZAGPPHC 406
Parties
Plaintiff: Gloria Makgalalelo Makaudi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 May 2017
Case Number
68341/2014
Procedural Posture
Civil Action / Quantum Determination After Merits Conceded
Outcome
Judgment in favour of the plaintiff for damages arising from a motor vehicle accident, with quantum determined as per the court's order.
Judges
S. A. M. Baqwa
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earnings, General Damages, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Earnings General Damages Contingency Deductions

Case Brief

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Parties

Gloria Makgalalelo Makaudi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum for past and future loss of earnings suffered by the plaintiff as a result of injuries sustained in a motor vehicle accident.
  2. 2 What is the appropriate award for general damages given the nature and extent of the plaintiff's injuries.
  3. 3 Should contingency deductions be applied to the calculation of past and future loss of earnings, and if so, at what rates.

Ratio Decidendi

The court found that the plaintiff suffered severe injuries in the motor vehicle accident, including a significant head injury, which resulted in her being unemployable in both domestic and sedentary work. The expert evidence presented by Ms Ngoako was accepted as credible and persuasive, while the defendant's expert, Ms Hough, was found to have based her opinion on incorrect facts and her evidence was disregarded. The court applied a 5% contingency deduction to past loss of earnings, as is standard, and declined to apply any contingency deduction to future loss of earnings, given the plaintiff's circumstances and lack of residual earning capacity. The parties had agreed on general...

Court Disposition

Judgment in favour of the plaintiff for damages arising from a motor vehicle accident, with quantum determined as per the court's order.

Orders

  • The defendant shall pay the nett capital amount of R1,276,875.00 to the trustee of a trust to be formed for the benefit of Gloria Makgalalelo Makaudi within 14 days.
  • If the trust is not formed timeously, payment shall be made to the plaintiff's attorneys, to be invested for the benefit of Gloria.