Makhubele v Road Accident Fund (77208/2014) [2017] ZAGPPHC 736 (23 November 2017)

Makhubele v Road Accident Fund (77208/2014) [2017] ZAGPPHC 736 (23 November 2017)

The court found that the plaintiff suffered chronic headaches, mild depression, and some loss of amenities of life, but the absence of direct evidence from the plaintiff limited the assessment of non-pecuniary damages. Nonetheless, since the defendant conceded the existence of the claim and accepted the expert reports, the court awarded R440,000 for general damages, guided by comparable cases. For loss of earning capacity, the court accepted that the plaintiff would have completed Grade 12 but not tertiary education, and applied actuarial calculations with a 5% contingency for past loss and 20% for future loss, resulting in a total net loss of earning capacity of R2,425,162. The court...

Citation
[2017] ZAGPPHC 736
Parties
Plaintiff: Gabatshepe Joseph Makhubele; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 November 2017
Case Number
77208/2014
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for damages is upheld. Defendant is ordered to pay the total sum awarded, provide an undertaking for future medical costs, and pay costs. A trust is to be established to administer the award.
Judges
Van der Schyff
Legal Topics
Road Accident Fund Act, General Damages, Loss of Earning Capacity, Contingency Deductions, Trust Administration
Delict Civil Procedure Road Accident Fund Act General Damages Loss of Earning Capacity Contingency Deductions Trust Administration

Case Brief

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Parties

Gabatshepe Joseph Makhubele

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 (non-pecuniary loss) suffered by the plaintiff as a result of the accident.
  2. 2 How should the plaintiff's loss of earning capacity be calculated given the available evidence and expert reports.
  3. 3 Should a trust be established to administer the plaintiff's award, and what should its terms be.

Ratio Decidendi

The court found that the plaintiff suffered chronic headaches, mild depression, and some loss of amenities of life, but the absence of direct evidence from the plaintiff limited the assessment of non-pecuniary damages. Nonetheless, since the defendant conceded the existence of the claim and accepted the expert reports, the court awarded R440,000 for general damages, guided by comparable cases. For loss of earning capacity, the court accepted that the plaintiff would have completed Grade 12 but not tertiary education, and applied actuarial calculations with a 5% contingency for past loss and 20% for future loss, resulting in a total net loss of earning capacity of R2,425,162. The court...

Court Disposition

Plaintiff's claim for damages is upheld. Defendant is ordered to pay the total sum awarded, provide an undertaking for future medical costs, and pay costs. A trust is to be established to administer the award.

Orders

  • Defendant shall pay R2,865,162.00 into the trust account of the plaintiff's attorney, representing R440,000.00 for general damages and R2,425,162.00 for net past and future loss of earning capacity.
  • Defendant shall furnish an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act for 100% of future medical costs resulting from the accident.