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South Africa Judgment

South Gauteng High Court, Johannesburg

Makhombothi v Road Accident Fund (46854/2009) [2011] ZAGPJHC 65 (29 April 2011)

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Source document

01

Holding and result

The court found that the plaintiff's injuries resulted in substantial curtailment of his physical ability, with medical evidence and photographs supporting the extent of impairment. The plaintiff will require future operations, leading to further pain and immobility. Weighing the submissions of both parties and considering the nature of general damages, the court determined that R150,000.00 is a reasonable and fair amount to compensate the plaintiff for pain and suffering, loss of amenities of life, and disfigurement.

Court disposition

General damages awarded to the plaintiff in the amount of R150,000.00. Draft order paragraphs 1, 2, and 3 marked 'X' made an order of court.

Orders

  • The defendant is ordered to pay the plaintiff R150,000.00 as general damages for pain and suffering, loss of amenities of life, and disfigurement.
  • Paragraphs 1, 2, and 3 of the draft order marked 'X' are made an order of court.

02

Material facts

Parties

Mbongiseni Makhombothi

Plaintiff Counsel: Mr du Plessis

Road Accident Fund

Defendant Counsel: Mr Pilusa

Amounts and remedies

  • General Damages Awarded: ZAR 150,000

03

Procedural history

  1. Posture

    Civil Trial / Quantum of Damages

04

Questions and positions

Legal issues

Party arguments

Applicant
Counsel for the plaintiff, Mr du Plessis, argued that the plaintiff, an artisan, suffered substantial curtailment of his physical ability due to the injuries sustained. Medical reports and photographs demonstrate significant impairment, and future operations are required because one leg is now shorter than the other, resulting in ongoing pain and immobility. He submitted that R150,000.00 is an appropriate amount for general damages.
Respondent
Counsel for the defendant, Mr Pilusa, acknowledged the plaintiff's injuries but contended that R100,000.00 would be a reasonable award for general damages, considering the nature and extent of the injuries and the anticipated future suffering.

05

Court’s reasoning

  1. 01

    Common law principles; no specific statute cited.

    General damages for pain and suffering, loss of amenities, and disfigurement are assessed based on the extent of physical impairment and future suffering, often relying on judicial discretion informed by medical evidence.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the plaintiff's injuries resulted in substantial curtailment of his physical ability, with medical evidence and photographs supporting the extent of impairment. The plaintiff will require future operations, leading to further pain and immobility. Weighing the submissions of both parties and considering the nature of general damages, the court determined that R150,000.00 is a reasonable and fair amount to compensate the plaintiff for pain and suffering, loss of amenities of life, and disfigurement.

Obiter and limits

  • General damages are, to a large extent, a matter of judicial discretion and gut feeling, informed by the evidence presented.

Court disposition

General damages awarded to the plaintiff in the amount of R150,000.00. Draft order paragraphs 1, 2, and 3 marked 'X' made an order of court.

  • The defendant is ordered to pay the plaintiff R150,000.00 as general damages for pain and suffering, loss of amenities of life, and disfigurement.
  • Paragraphs 1, 2, and 3 of the draft order marked 'X' are made an order of court.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment text

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Source document

South Gauteng High Court, Johannesburg

Judgment

[2011] ZAGPJHC 65

NOT REPORTABLE

IN THE SOUTH GAUTENG HIGH COURT OF

SOUTH AFRICA

JOHANNESBURG

CASE NO: 46854/2009

DATE: 29/04/2011

In the matter between:

MBONGISENI MAKHOMBOTHI..................................................................Plaintiff

and

ROAD ACCIDENT FUND........................................................................Defendant

JUDGMENT

C. J. CLAASSEN J:

What remains to be decided, is the appropriate amount in respect of general damages for loss of amenities of life, pain and suffering and disfigurement. The plaintiff is an artisan who is dependent upon his physical ability to perform his profession. The medical reports indicate that there has been a substantial curtailment of his physical ability. There are some photographs which indicate this impairment quite clearly on page 36 of the plaintiff’s expert bundle.

It is also common cause that the plaintiff will have to undergo future operations since the one leg is now shorter than the other. There will, therefore, be further pain and suffering and immobility for a shorter or a longer period of time.

Mr du Plessis asked for an amount of R150 000.00 in respect of general damages whereas Mr Pilusa submitted R100 000.00 would be appropriate. In my view general damages is, to a large extent, a gut feeling. In my view, it would not be unreasonable to award the amount of R150 000.00 for the general damages suffered by the plaintiff.

In this regard I order that paragraphs 1, 2 and 3 of the draft order marked "X" be made an order of court.

THUS DONE AND SIGNED AT JOHANNESBURG ON THIS 27th DAY OF JUNE 2011.

_____

C.J.CLAASSEN

JUDGE OF THE HIGH COURT

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