Masango v Road Accident Fund (925/2023) [2024] ZAMPMHC 23 (12 March 2024)

Parties

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

1. 1 Whether the Plaintiff is entitled to compensation for past medical expenses resulting from the motor vehicle accident.
2. 2 Whether the Plaintiff has suffered a loss of earning capacity and is entitled to damages for past and future loss of earnings.
3. 3 Whether the Defendant has discharged its evidentiary burden to challenge the Plaintiff's claims.

Ratio Decidendi

The Plaintiff's evidence regarding past medical expenses and loss of earning capacity was uncontested. Expert witnesses confirmed that the Plaintiff sustained permanent paraplegia and is rendered unemployable for the remainder of his working life. The Defendant failed to present any evidence or expert reports to challenge the Plaintiff's claims. The actuarial calculations, based on the Plaintiff's pre-accident earnings and expert postulations, were accepted as reasonable and fair. The Plaintiff established his entitlement to compensation for both past medical expenses and loss of earnings on a balance of probabilities. The Defendant is ordered to pay the Plaintiff the total amount...

Court Disposition

Plaintiff's claim for past medical expenses and loss of earnings is granted. Defendant is ordered to pay the Plaintiff the total amount claimed, together with costs.

Orders

• The Defendant is ordered to pay the Plaintiff a sum of R2 500 637.00, consisting of R2 380 099.00 for past and future loss of earnings and R120 538.00 for past medical expenses.
• The amount is to be paid into the Plaintiff's attorneys' trust account within 14 days from the date of this judgment.