Merafe v Road Accident Fund (4954/2017) [2021] ZAFSHC 180 (19 August 2021)

Merafe v Road Accident Fund (4954/2017) [2021] ZAFSHC 180 (19 August 2021)

The court found that the plaintiff suffered significant injuries in a motor vehicle accident, resulting in permanent impairment and reduced earning capacity. The evidence, including expert reports and viva voce testimony, established that the plaintiff was never permanently employed and would have faced employment vulnerability even if uninjured. The court accepted the actuarial calculations for past and future loss of earnings but adjusted the contingency deductions to better reflect the plaintiff's prospects, increasing the pre-morbid contingency to 20% and reducing the post-morbid contingency to 65%. The total award for past and future loss of earnings was calculated at R1,243,314.00....

Citation
[2021] ZAFSHC 180
Parties
Plaintiff: Sechaba Mokete Merafe; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 August 2021
Case Number
4954/2017
Procedural Posture
Civil Trial / Default Judgment After Defendant Failed to Appear; Quantum Determination
Outcome
Plaintiff's claim for past and future loss of earnings is granted; claim for general damages postponed sine die and referred to the HPCSA; defendant ordered to provide section 17(4)(a) undertaking for future medical expenses; costs awarded for one set of attorneys and reasonable expert fees only.
Judges
JP Daffue
Legal Topics
Road Accident Fund Act, Loss of Earnings, Future Medical Expenses, Contingency Fee Agreement, Costs Award, Default Judgment
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Future Medical Expenses Contingency Fee Agreement Costs Award Default Judgment

Case Brief

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Parties

Sechaba Mokete Merafe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Default Judgment After Defendant Failed to Appear; Quantum Determination

Legal Issues

  1. 1 Whether the plaintiff is entitled to an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act for future medical, hospital and related expenses arising from injuries sustained in the collision of 6 July 2014.
  2. 2 What amount should be awarded for past and future loss of earnings.
  3. 3 Whether the plaintiff is entitled to costs for more than one set of attorneys and for experts based outside the court's jurisdiction.

Ratio Decidendi

The court found that the plaintiff suffered significant injuries in a motor vehicle accident, resulting in permanent impairment and reduced earning capacity. The evidence, including expert reports and viva voce testimony, established that the plaintiff was never permanently employed and would have faced employment vulnerability even if uninjured. The court accepted the actuarial calculations for past and future loss of earnings but adjusted the contingency deductions to better reflect the plaintiff's prospects, increasing the pre-morbid contingency to 20% and reducing the post-morbid contingency to 65%. The total award for past and future loss of earnings was calculated at R1,243,314.00....

Court Disposition

Plaintiff's claim for past and future loss of earnings is granted; claim for general damages postponed sine die and referred to the HPCSA; defendant ordered to provide section 17(4)(a) undertaking for future medical expenses; costs awarded for one set of attorneys and reasonable expert fees only.

Orders

  • The defendant shall pay the plaintiff the sum of R1,243,314.00 in respect of past and future loss of earnings, into the trust account of the plaintiff's attorneys.
  • In the event of default on payment, interest shall accrue at 7% per annum from the due date until payment.