Makhala v Road Accident Fund (508/2017) [2019] ZAFSHC 41 (29 March 2019)

Makhala v Road Accident Fund (508/2017) [2019] ZAFSHC 41 (29 March 2019)

The court found that the plaintiff's pre-morbid income should be calculated based on her actual earnings of R2,381 per month plus a food allowance, adjusted to present monetary terms as R3,500 per month. The court rejected the expert's assumption of full-time minimum wage employment, noting the plaintiff's consistent part-time work history. A contingency deduction of 15% was applied to pre-morbid income, and 30% to post-morbid income, reflecting the plaintiff's increased vulnerability and compromised productivity but also her continued employment. The court accepted the agreed amounts for general damages and past loss of income. The total award for future loss of income was calculated as...

Citation
[2019] ZAFSHC 41
Parties
Plaintiff: Bahedile Evelyn Makhala; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 March 2019
Case Number
508/2017
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for future loss of income is upheld with adjustments to contingency deductions; total damages awarded as agreed and calculated.
Judges
Daffue
Legal Topics
Road Accident Fund Act, Future Loss of Income, Contingency Deductions, Quantum of Damages, Expert Evidence
Civil Procedure Delict Road Accident Fund Act Future Loss of Income Contingency Deductions Quantum of Damages Expert Evidence

Case Brief

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Parties

Bahedile Evelyn Makhala

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum for future loss of income suffered by the plaintiff as a result of injuries sustained in a motor vehicle collision.
  2. 2 What contingency deductions should be applied to pre-morbid and post-morbid income calculations.
  3. 3 Is the plaintiff entitled to general damages and past loss of income as agreed between the parties.

Ratio Decidendi

The court found that the plaintiff's pre-morbid income should be calculated based on her actual earnings of R2,381 per month plus a food allowance, adjusted to present monetary terms as R3,500 per month. The court rejected the expert's assumption of full-time minimum wage employment, noting the plaintiff's consistent part-time work history. A contingency deduction of 15% was applied to pre-morbid income, and 30% to post-morbid income, reflecting the plaintiff's increased vulnerability and compromised productivity but also her continued employment. The court accepted the agreed amounts for general damages and past loss of income. The total award for future loss of income was calculated as...

Court Disposition

Plaintiff's claim for future loss of income is upheld with adjustments to contingency deductions; total damages awarded as agreed and calculated.

Orders

  • The defendant shall pay to plaintiff the sum of R978,067.00 into the plaintiff's attorney's trust account.
  • Interest shall accrue on any outstanding amount at 10.25% per annum from due date until payment.