Mashela v Road Accident Fund (745/2023) [2025] ZAMPMBHC 62 (25 July 2025)

Mashela v Road Accident Fund (745/2023) [2025] ZAMPMBHC 62 (25 July 2025)

The court found that the plaintiff suffered a partial loss of earnings due to his inability to perform overtime work following the accident, despite retaining his basic salary and employment position. The expert evidence was admitted by agreement and unchallenged, and the court accepted the calculation of a monthly average loss of R2500 over 35 years to retirement. The actuarial calculations based on different employment levels were rejected as inconsistent with the plaintiff's actual position. The court made a sound estimate of the total loss, multiplying the monthly loss by the number of years remaining to retirement, resulting in an award of R1,050,000. The plaintiff discharged the...

Citation
[2025] ZAMPMBHC 62
Parties
Plaintiff: Director Butibuti Mashela; Defendant: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
25 July 2025
Case Number
745/2023
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for loss of earnings is upheld. Defendant is ordered to pay R1,050,000 and costs.
Judges
Shai
Legal Topics
Loss of Earnings, Personal Injury, Quantification of Damages, Admissibility of Expert Evidence
Delict Loss of Earnings Personal Injury Quantification of Damages Admissibility of Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Director Butibuti Mashela

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff suffered a loss of earnings as a result of injuries sustained in the accident.
  2. 2 If loss was suffered, whether it is total or partial and how it should be quantified.

Ratio Decidendi

The court found that the plaintiff suffered a partial loss of earnings due to his inability to perform overtime work following the accident, despite retaining his basic salary and employment position. The expert evidence was admitted by agreement and unchallenged, and the court accepted the calculation of a monthly average loss of R2500 over 35 years to retirement. The actuarial calculations based on different employment levels were rejected as inconsistent with the plaintiff's actual position. The court made a sound estimate of the total loss, multiplying the monthly loss by the number of years remaining to retirement, resulting in an award of R1,050,000. The plaintiff discharged the...

Court Disposition

Plaintiff's claim for loss of earnings is upheld. Defendant is ordered to pay R1,050,000 and costs.

Orders

  • The Defendant is ordered to pay to the Plaintiff a total amount of R1,050,000 for loss of earnings.
  • Defendant is ordered to pay costs of suit, including costs of Counsel, on a party and party Scale B.