Makwakwa v The Road Accident Fund (6756/21019) [2021] ZAGPJHC 139 (26 July 2021)

Makwakwa v The Road Accident Fund (6756/21019) [2021] ZAGPJHC 139 (26 July 2021)

The court found that the plaintiff suffered permanent physical and psychological impairment as a result of the motor vehicle accident, which significantly reduced his earning capacity, particularly in physically demanding occupations. The expert evidence established that the plaintiff's future employment prospects were limited and that he faced a higher risk of unemployment. The actuary's calculation of R1,385,580.00 for loss of earning capacity was accepted, as the contingency deductions applied were deemed fair and reasonable. The defendant's argument for an additional 20% contingency deduction due to the Covid-19 pandemic was rejected, as the plaintiff's vulnerability in the labour...

Citation
[2021] ZAGPJHC 139
Parties
Plaintiff: Given Japhta Makwakwa; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 July 2021
Case Number
6756/21019
Procedural Posture
Civil Trial / Judgment After Trial on Quantum
Outcome
Judgment granted in favour of the plaintiff for loss of earning capacity and general damages, with costs and a section 17(4)(a) undertaking for future medical expenses.
Judges
F. Bezuidenhout
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Deductions, Quantification of Damages
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Deductions Quantification of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Given Japhta Makwakwa

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Quantum

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's loss of earning capacity resulting from injuries sustained in a motor vehicle accident.
  2. 2 What is the reasonable amount for general damages given the plaintiff's physical and psychological sequelae.
  3. 3 Should additional contingency deductions be applied due to the impact of the Covid-19 pandemic on the hospitality industry.

Ratio Decidendi

The court found that the plaintiff suffered permanent physical and psychological impairment as a result of the motor vehicle accident, which significantly reduced his earning capacity, particularly in physically demanding occupations. The expert evidence established that the plaintiff's future employment prospects were limited and that he faced a higher risk of unemployment. The actuary's calculation of R1,385,580.00 for loss of earning capacity was accepted, as the contingency deductions applied were deemed fair and reasonable. The defendant's argument for an additional 20% contingency deduction due to the Covid-19 pandemic was rejected, as the plaintiff's vulnerability in the labour...

Court Disposition

Judgment granted in favour of the plaintiff for loss of earning capacity and general damages, with costs and a section 17(4)(a) undertaking for future medical expenses.

Orders

  • The defendant shall pay the plaintiff R1,385,540.00 for loss of earning capacity.
  • The defendant shall pay the plaintiff R480,000.00 for general damages.