Masimola v Road Accident Fund (3094/2020) [2023] ZAFSHC 447 (16 November 2023)

Masimola v Road Accident Fund (3094/2020) [2023] ZAFSHC 447 (16 November 2023)

The court found that, due to the absence of documentary proof of the plaintiff's income both before and after the accident, it was appropriate to apply the same contingency deduction to both past and future loss of earnings in the pre-morbid scenario. The court exercised its discretion and determined that a 25% contingency deduction should be applied to the plaintiff's pre-morbid loss of earnings calculation for both past and future periods. For the post-morbid scenario, the standard contingency deductions of 5% for past loss and 15% for future loss were retained. Based on the expert reports and actuarial calculations, the plaintiff's total loss of earnings was calculated to be...

Citation
[2023] ZAFSHC 447
Parties
Plaintiff: Sydney Masimola; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 November 2023
Case Number
3094/2020
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Plaintiff partially succeeds; defendant ordered to pay 70% of proven loss of earnings and costs.
Judges
P J Loubser
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund Act, Quantum of Damages
Civil Procedure Delict Loss of Earning Capacity Contingency Deductions Road Accident Fund Act Quantum of Damages

Case Brief

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Parties

Sydney Masimola

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's past and future loss of earnings given the lack of documentary proof of income?
  2. 2 Should the same contingency percentage be applied to both past and future loss of earnings in the absence of proof?
  3. 3 What is the quantum of damages for loss of earnings to which the plaintiff is entitled?

Ratio Decidendi

The court found that, due to the absence of documentary proof of the plaintiff's income both before and after the accident, it was appropriate to apply the same contingency deduction to both past and future loss of earnings in the pre-morbid scenario. The court exercised its discretion and determined that a 25% contingency deduction should be applied to the plaintiff's pre-morbid loss of earnings calculation for both past and future periods. For the post-morbid scenario, the standard contingency deductions of 5% for past loss and 15% for future loss were retained. Based on the expert reports and actuarial calculations, the plaintiff's total loss of earnings was calculated to be...

Court Disposition

Plaintiff partially succeeds; defendant ordered to pay 70% of proven loss of earnings and costs.

Orders

  • The defendant is ordered to pay to the plaintiff the sum of R1,149,543.00 for past and future loss of earnings.
  • The defendant is ordered to pay the plaintiff's taxed or agreed party and party costs on a High Court scale from 5 October 2023 to date of this order.