Mangolele obo L.N.M v Road Accident Fund (13758/13) [2017] ZAGPPHC 345 (1 March 2017)

Mangolele obo L.N.M v Road Accident Fund (13758/13) [2017] ZAGPPHC 345 (1 March 2017)

The court found that, in the absence of pre-accident school reports and given the expert consensus on the minor child's post-accident neurocognitive and psychological difficulties, scenario 1 from Munro's actuarial calculations was the most realistic basis for compensation. The court accepted that the minor child would likely have attained matric but not proceeded to tertiary education, and that her post-accident limitations severely curtailed her earning capacity. Given the uncertainties and increased risk of unemployment, a higher contingency deduction of 35% was warranted. The court held that this approach fairly and appropriately compensates the plaintiff for the minor child's future...

Citation
[2017] ZAGPPHC 345
Parties
Plaintiff: Advocate M S Mangolele obo L.N.M.; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 March 2017
Case Number
13758/13
Procedural Posture
Civil Trial / Judgment on Quantum of Damages
Outcome
Judgment granted in favour of the plaintiff for future loss of earnings/loss of earning capacity.
Judges
M J Teffo
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Future Loss of Income, Contingency Deduction, Medico Legal Evidence
Delict Road Accident Fund Loss of Earning Capacity Future Loss of Income Contingency Deduction Medico Legal 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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Advocate M S Mangolele obo L.N.M.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment on Quantum of Damages

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earnings or earning capacity suffered by the minor child as a result of the accident.
  2. 2 What contingency deduction should be applied to the award for future loss of earnings.
  3. 3 How should conflicting expert evidence regarding the minor child's pre- and post-accident educational and vocational prospects be resolved.

Ratio Decidendi

The court found that, in the absence of pre-accident school reports and given the expert consensus on the minor child's post-accident neurocognitive and psychological difficulties, scenario 1 from Munro's actuarial calculations was the most realistic basis for compensation. The court accepted that the minor child would likely have attained matric but not proceeded to tertiary education, and that her post-accident limitations severely curtailed her earning capacity. Given the uncertainties and increased risk of unemployment, a higher contingency deduction of 35% was warranted. The court held that this approach fairly and appropriately compensates the plaintiff for the minor child's future...

Court Disposition

Judgment granted in favour of the plaintiff for future loss of earnings/loss of earning capacity.

Orders

  • The defendant shall pay the plaintiff the amount of R2 515 695,00 for the minor child's future loss of earnings/loss of earning capacity.
  • Interest on the amount of R2 515 695,00 at 15.5% per annum from 14 days after judgment to date of final payment.