Mashaba v Road Accident Fund (4762/2021) [2022] ZAMPMBHC 60 (27 July 2022)

Mashaba v Road Accident Fund (4762/2021) [2022] ZAMPMBHC 60 (27 July 2022)

The court found that the plaintiff had proven, through oral and documentary evidence as well as expert reports, that her injuries were sustained as a result of the defendant's negligence and that these injuries caused her to suffer both past and future loss of earnings. The court accepted the actuarial calculations and applied contingency deductions of 5% to past loss, 10% to pre-morbid future loss, and 25% to post-morbid future loss, resulting in a total award of R777,599.00. The court further held that the plaintiff was entitled to an undertaking for future medical expenses under Section 17(4) of the Road Accident Fund Act, given the nature and extent of her injuries and the anticipated...

Citation
[2022] ZAMPMBHC 60
Parties
Plaintiff: Suzan Sizakele Mashaba; Defendant: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
27 July 2022
Case Number
4762/2021
Procedural Posture
Delictual Claim / Default Judgment After Trial on Quantum
Outcome
Judgment for the plaintiff. The defendant is ordered to pay damages and provide a Section 17(4) undertaking.
Judges
Greyling-Coetzer
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earnings, Future Medical Expenses, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Earnings Future Medical Expenses Contingency Deductions

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Suzan Sizakele Mashaba

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Default Judgment After Trial on Quantum

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for past and future loss of earnings resulting from injuries sustained in a motor vehicle accident.
  2. 2 Whether the plaintiff is entitled to an undertaking for future medical expenses in terms of Section 17(4) of the Road Accident Fund Act.
  3. 3 What contingency deductions should be applied to the calculation of damages.

Ratio Decidendi

The court found that the plaintiff had proven, through oral and documentary evidence as well as expert reports, that her injuries were sustained as a result of the defendant's negligence and that these injuries caused her to suffer both past and future loss of earnings. The court accepted the actuarial calculations and applied contingency deductions of 5% to past loss, 10% to pre-morbid future loss, and 25% to post-morbid future loss, resulting in a total award of R777,599.00. The court further held that the plaintiff was entitled to an undertaking for future medical expenses under Section 17(4) of the Road Accident Fund Act, given the nature and extent of her injuries and the anticipated...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay damages and provide a Section 17(4) undertaking.

Orders

  • The defendant is ordered to pay the plaintiff an amount of R777,599.00.
  • Interest on the aforesaid amount at the prescribed rate if unpaid after 60 days from the date of this order.