Mashaba v Road Accident Fund (866/2016) [2018] ZAGPPHC 443 (4 April 2018)

Mashaba v Road Accident Fund (866/2016) [2018] ZAGPPHC 443 (4 April 2018)

The court found the plaintiff was employed as a carpenter earning R2500 fortnightly, with no evidence from the defendant to refute this. The plaintiff’s pleaded version of the accident, supported by his affidavit, indicated the insured driver lost control and collided with the plaintiff’s vehicle head-on. The plaintiff contributed 30% to the cause of the collision due to lack of explanation on evasive action. General damages were assessed at R900,000, reduced by 30% for contributory negligence, resulting in R630,000. Loss of earnings was calculated at R1,394,994 based on actuarial evidence and the plaintiff’s pre-accident income, also reduced by 30%, resulting in R985,495. Judgment was...

Citation
[2018] ZAGPPHC 443
Parties
Plaintiff: Mashaba Dumisani; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 April 2018
Case Number
866/2016
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Judgment granted in favour of the plaintiff for general damages and loss of earnings, reduced by 30% for contributory negligence.
Judges
Legodi
Legal Topics
Road Accident Fund Claim, Contributory Negligence, General Damages, Loss of Earnings
Delict Civil Procedure Road Accident Fund Claim Contributory Negligence General Damages Loss of Earnings

Case Brief

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Parties

Mashaba Dumisani

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff was employed as a carpenter at the time of the accident and the quantum of his earnings.
  2. 2 Whether the defendant is liable for damages arising from the motor vehicle accident.
  3. 3 Whether the plaintiff contributed to the cause of the collision and the extent of such contributory negligence.

Ratio Decidendi

The court found the plaintiff was employed as a carpenter earning R2500 fortnightly, with no evidence from the defendant to refute this. The plaintiff’s pleaded version of the accident, supported by his affidavit, indicated the insured driver lost control and collided with the plaintiff’s vehicle head-on. The plaintiff contributed 30% to the cause of the collision due to lack of explanation on evasive action. General damages were assessed at R900,000, reduced by 30% for contributory negligence, resulting in R630,000. Loss of earnings was calculated at R1,394,994 based on actuarial evidence and the plaintiff’s pre-accident income, also reduced by 30%, resulting in R985,495. Judgment was...

Court Disposition

Judgment granted in favour of the plaintiff for general damages and loss of earnings, reduced by 30% for contributory negligence.

Orders

  • The defendant shall pay the plaintiff R985,495.00 for loss of earnings.
  • The defendant shall pay the plaintiff R630,000.00 for general damages.