Malebitsa v Road Accident Fund (6082/2019) [2020] ZAFSHC 154 (6 August 2020)

Malebitsa v Road Accident Fund (6082/2019) [2020] ZAFSHC 154 (6 August 2020)

The court found that there was no concrete evidence to support the plaintiff's claim for damages based on speculative future earnings as a security officer at a higher remuneration level. The deceased's actual earnings as a taxi driver were established and supported by the evidence. The court accepted the actuarial calculations based on Scenario 1, which used the deceased's earnings as a taxi driver and applied contingency deductions of 5% for past loss and 15% for future loss for the widow, and 5% for past loss and 10% for future loss for the minor child. The court rejected the defendant's proposed higher contingency deductions as unwarranted and held that the actuarial expert's approach...

Citation
[2020] ZAFSHC 154
Parties
Plaintiff: Malebitsa Annah Mpholo; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 August 2020
Case Number
6082/2019
Procedural Posture
Civil Trial / Final Judgment
Outcome
Damages awarded to the plaintiff based on the deceased's earnings as a taxi driver, with contingency deductions as calculated by the actuary.
Judges
Mhlambi
Legal Topics
Loss of Support, Quantification of Damages, Contingency Deductions, Actuarial Evidence
Delict Loss of Support Quantification of Damages Contingency Deductions Actuarial Evidence

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Malebitsa Annah Mpholo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the calculation of loss of support should be based on the deceased's actual earnings as a taxi driver or speculative future earnings as a security officer.
  2. 2 What contingency deductions are appropriate for past and future loss of support given the deceased's employment circumstances.

Ratio Decidendi

The court found that there was no concrete evidence to support the plaintiff's claim for damages based on speculative future earnings as a security officer at a higher remuneration level. The deceased's actual earnings as a taxi driver were established and supported by the evidence. The court accepted the actuarial calculations based on Scenario 1, which used the deceased's earnings as a taxi driver and applied contingency deductions of 5% for past loss and 15% for future loss for the widow, and 5% for past loss and 10% for future loss for the minor child. The court rejected the defendant's proposed higher contingency deductions as unwarranted and held that the actuarial expert's approach...

Court Disposition

Damages awarded to the plaintiff based on the deceased's earnings as a taxi driver, with contingency deductions as calculated by the actuary.

Orders

  • R 431,981.00 awarded to the plaintiff in her personal capacity.
  • R 128,126.00 awarded to the plaintiff in her representative capacity as mother and guardian of the minor child.