Malothe v Road Accident Fund (4294/2021) [2025] ZAGPJHC 295 (28 February 2025)

Parties

Procedural Posture

Civil Action / Default Judgment

Legal Issues

1. 1 Whether the plaintiff is entitled to compensation for future loss of income and impairment of earning capacity resulting from injuries sustained in a motor vehicle accident.
2. 2 Whether the actuarial calculations and contingency deductions applied to the plaintiff's projected future earnings are reasonable and supported by expert evidence.
3. 3 Whether the defendant is liable for the plaintiff's costs, including counsel's fees and the cost of the curator ad litem.

Ratio Decidendi

The court found that the plaintiff had suffered significant injuries in a motor vehicle accident, including a moderate traumatic brain injury and a fracture of the left femur. Expert evidence established that, but for the accident, the plaintiff would have achieved a modest grade 12 qualification and earned income accordingly. The actuarial report provided a detailed calculation of future loss of earnings, applying contingency deductions for each career period. The court accepted the expert and actuarial evidence as reasonable and awarded the plaintiff compensation for future loss of income and impairment of earning capacity in the sum of R2 728 872.00. The defendant was also ordered to...

Court Disposition

Plaintiff's application granted. Defendant held liable for future loss of income and impairment of earning capacity in the sum of R2 728 872.00, as well as costs.

Orders

• The plaintiff's application in terms of Rule 38(2) is granted.
• The defendant is liable to the plaintiff in respect of future loss of income and impairment of earning capacity in the sum of R2 728 872.00.