Makinana obo Makinana v Road Accident Fund (625/2008) [2010] ZAECGHC 105 (4 November 2010)

Makinana obo Makinana v Road Accident Fund (625/2008) [2010] ZAECGHC 105 (4 November 2010)

The court found that it would be unreasonable to base the calculation of future loss of earnings solely on the lowest scenario presented by the defendant's expert. Instead, the average of the five scenarios should be used, as it more accurately reflects the likely progression of S Makinana's career, even though her injuries preclude employment in the corporate sector. The court held that the standard 25% contingency deduction for general contingencies is appropriate and that further deductions for part-time employment or affirmative action are unwarranted, as the possibility of corporate sector employment is already excluded from the scenarios. The court also accepted the agreed amount...

Citation
[2010] ZAECGHC 105
Parties
Plaintiff: Eunice Nokwakha Makinana obo S Makinana; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
4 November 2010
Case Number
625/2008
Procedural Posture
Civil Trial / Quantification of Damages After Settlement of Merits
Outcome
The court awarded general damages, future medical expenses, and future loss of earnings to the plaintiff, with costs.
Judges
J E Smith
Legal Topics
Road Accident Fund Act, Loss of Earnings, General Damages, Contingency Deductions, Affirmative Action, Future Medical Expenses
Civil Procedure Delict Road Accident Fund Act Loss of Earnings General Damages Contingency Deductions Affirmative Action Future Medical Expenses

Case Brief

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Parties

Eunice Nokwakha Makinana obo S Makinana

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Settlement of Merits

Legal Issues

  1. 1 What is the appropriate quantification of future loss of earnings for the minor child, S Makinana, given her injuries?
  2. 2 What contingency deduction should be applied to the calculation of future loss of earnings?
  3. 3 Should the possibility of employment in the corporate sector or affirmative action policies affect the contingency deduction?

Ratio Decidendi

The court found that it would be unreasonable to base the calculation of future loss of earnings solely on the lowest scenario presented by the defendant's expert. Instead, the average of the five scenarios should be used, as it more accurately reflects the likely progression of S Makinana's career, even though her injuries preclude employment in the corporate sector. The court held that the standard 25% contingency deduction for general contingencies is appropriate and that further deductions for part-time employment or affirmative action are unwarranted, as the possibility of corporate sector employment is already excluded from the scenarios. The court also accepted the agreed amount...

Court Disposition

The court awarded general damages, future medical expenses, and future loss of earnings to the plaintiff, with costs.

Orders

  • The defendant is ordered to pay to the plaintiff, in his capacity as curator bonis, the sum of R350,000.00 in respect of general damages.
  • The defendant shall issue the necessary statutory undertaking in terms of Act 56 of 1996 to indemnify the plaintiff for all costs of future medical treatment for S Makinana.