Mathaba v Road Accident Fund (6038/2016) [2019] ZAFSHC 180 (10 October 2019)

Mathaba v Road Accident Fund (6038/2016) [2019] ZAFSHC 180 (10 October 2019)

The court found that the plaintiff's evidence, supported by expert testimony, established on a balance of probabilities that he was unemployable in the open labour market due to his severe disabilities resulting from the accident. The prospect of future sympathetic employment was considered so minimal as to be disregarded. The court accepted the actuarial calculations of past and future loss of income, applying a 5% contingency deduction to past loss and a 20% deduction to future loss to account for the possibility of the plaintiff generating some income through alternative means. The court rejected the defendant's arguments regarding the reliability of the earnings figures and the...

Citation
[2019] ZAFSHC 180
Parties
Plaintiff: Mzikayise Michael Mathaba; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 October 2019
Case Number
6038/2016
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. The defendant is ordered to pay damages for general damages and past and future loss of income, subject to agreed apportionment, and to provide an undertaking for future medical expenses.
Judges
P.J. Loubser
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantification of Damages, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Quantification of Damages Contingency Deductions

Case Brief

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Parties

Mzikayise Michael Mathaba

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff has proven total or substantial unemployability as a result of injuries sustained in the motor vehicle accident.
  2. 2 Whether the plaintiff has proven the quantum of damages for past and future loss of earnings.
  3. 3 Whether the contingency deductions applied to the calculation of damages are appropriate.

Ratio Decidendi

The court found that the plaintiff's evidence, supported by expert testimony, established on a balance of probabilities that he was unemployable in the open labour market due to his severe disabilities resulting from the accident. The prospect of future sympathetic employment was considered so minimal as to be disregarded. The court accepted the actuarial calculations of past and future loss of income, applying a 5% contingency deduction to past loss and a 20% deduction to future loss to account for the possibility of the plaintiff generating some income through alternative means. The court rejected the defendant's arguments regarding the reliability of the earnings figures and the...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay damages for general damages and past and future loss of income, subject to agreed apportionment, and to provide an undertaking for future medical expenses.

Orders

  • The Defendant shall provide the Plaintiff with an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act 1999, as amended, to pay 90% of the costs of future accommodation, treatment, or services arising from the injuries sustained in the motor vehicle collision on 18 November 2014, upon proof thereof.
  • Judgment is granted in favour of the Plaintiff against the Defendant for payment of R 720,000.00 in respect of general damages.