Makhubu v Road Accident Fund [2023] ZAGPPHC 283; 18740/2019 (2 May 2023)

Makhubu v Road Accident Fund [2023] ZAGPPHC 283; 18740/2019 (2 May 2023)

The plaintiff failed to discharge the onus of proof regarding her claim for loss of earnings and earning capacity. She did not provide sufficient evidence of her educational qualifications, work experience, or earnings profile, and collateral information from her previous employer was not produced. The expert reports relied upon lacked necessary supporting documentation. In line with established legal principles, where evidence is available but not presented, absolution from the instance is appropriate. However, the plaintiff did establish entitlement to general damages for serious permanent impairment and scarring, and the court awarded R450,000. The defendant is also ordered to provide...

Citation
[2023] ZAGPPHC 283
Parties
Plaintiff: Sizani Elder Makhubu; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 May 2023
Case Number
18740/2019
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for general damages succeeds; claim for loss of earnings/earning capacity fails with absolution from the instance.
Judges
M Pienaar
Legal Topics
Road Accident Fund Act, Onus of Proof, Loss of Earnings, General Damages, Absolution From Instance
Civil Procedure Delict Road Accident Fund Act Onus of Proof Loss of Earnings General Damages Absolution From Instance

Case Brief

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Parties

Sizani Elder Makhubu

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff proved her claim for loss of earnings and earning capacity on a balance of probabilities.
  2. 2 Whether the plaintiff is entitled to general damages for injuries sustained in the motor vehicle accident.
  3. 3 Whether the defendant is liable for future hospital expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The plaintiff failed to discharge the onus of proof regarding her claim for loss of earnings and earning capacity. She did not provide sufficient evidence of her educational qualifications, work experience, or earnings profile, and collateral information from her previous employer was not produced. The expert reports relied upon lacked necessary supporting documentation. In line with established legal principles, where evidence is available but not presented, absolution from the instance is appropriate. However, the plaintiff did establish entitlement to general damages for serious permanent impairment and scarring, and the court awarded R450,000. The defendant is also ordered to provide...

Court Disposition

Plaintiff's claim for general damages succeeds; claim for loss of earnings/earning capacity fails with absolution from the instance.

Orders

  • The defendant shall furnish the plaintiff with a 100% undertaking in terms of section 17(4)(a) of the Road Accident Fund Act to pay the costs of future accommodation in a hospital or nursing home, or treatment, arising out of the injuries sustained in the motor vehicle collision of 29 September 2013, after such...
  • The defendant shall pay the amount of R450,000.00 (four hundred and fifty thousand rand only) within 180 days.