Mantentshi v Road Accident Fund (3708/2015) [2019] ZAGPPHC 1097 (29 April 2019)

Mantentshi v Road Accident Fund (3708/2015) [2019] ZAGPPHC 1097 (29 April 2019)

The court accepted the evidence of the plaintiff's experts, finding that she is permanently unemployable as a result of the accident. The plaintiff's pre-morbid academic record showed significant learning difficulties, making it unlikely she would have pursued further studies beyond Grade 12. The court found scenario 1 of the actuary's calculation, which assumes Grade 12 completion and entry into unskilled labour, to be the most probable. The defendant failed to present any expert evidence to counter the plaintiff's case, and cross-examination did not undermine the credibility of the plaintiff's witnesses. The court accepted the contingency deductions applied by the actuary and awarded...

Citation
[2019] ZAGPPHC 1097
Parties
Plaintiff: Johanna Jabulile Matentshi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 April 2019
Case Number
3708/2015
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for loss of earning capacity is upheld. Defendant is ordered to pay the capital amount for loss of earnings and costs.
Judges
Neukircher
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Quantum of Damages, Expert Evidence, Contingency Deductions
Delict Road Accident Fund Loss of Earning Capacity Quantum of Damages Expert Evidence Contingency Deductions

Case Brief

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Parties

Johanna Jabulile Matentshi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff is permanently unemployable as a result of injuries sustained in the accident.
  2. 2 What is the appropriate calculation for the plaintiff's loss of earning capacity and quantum of damages.

Ratio Decidendi

The court accepted the evidence of the plaintiff's experts, finding that she is permanently unemployable as a result of the accident. The plaintiff's pre-morbid academic record showed significant learning difficulties, making it unlikely she would have pursued further studies beyond Grade 12. The court found scenario 1 of the actuary's calculation, which assumes Grade 12 completion and entry into unskilled labour, to be the most probable. The defendant failed to present any expert evidence to counter the plaintiff's case, and cross-examination did not undermine the credibility of the plaintiff's witnesses. The court accepted the contingency deductions applied by the actuary and awarded...

Court Disposition

Plaintiff's claim for loss of earning capacity is upheld. Defendant is ordered to pay the capital amount for loss of earnings and costs.

Orders

  • The Defendant is ordered to pay the Plaintiff a capital amount of R 3 600 305 in respect of loss of earnings into the trust account of J M Modiba Attorneys on or before 28 May 2019.
  • The Defendant is ordered to pay costs of Senior Junior Counsel.