M.F.M obo M.M v Road Accident Fund (14915/2012) [2014] ZAGPPHC 82 (7 February 2014)

M.F.M obo M.M v Road Accident Fund (14915/2012) [2014] ZAGPPHC 82 (7 February 2014)

The court found that the plaintiff had proved, on a balance of probabilities, the quantum of damages for the minor child’s loss of future earning capacity as set out in scenario 2 of the actuarial report. The evidence established that the child was of above average intelligence and would likely have completed matric and pursued tertiary education but for the accident. The defendant’s expert report was rejected for lack of objectivity and reliance on inaccurate information. The contingency deduction applied was consistent with comparable case law. The court accepted the joint minute of the industrial psychologists and the actuarial report as objective and fair. The defendant failed to...

Citation
[2014] ZAGPPHC 82
Parties
Plaintiff: M.F.M obo M.M; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 February 2014
Case Number
14915/2012
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff succeeded; defendant ordered to pay capitalised loss of earnings, costs, and to issue an undertaking for future medical expenses. Trust to be established for the benefit of the minor child.
Judges
Makhafola
Legal Topics
Loss of Earning Capacity, Contingency Deduction, Road Accident Fund Act, Expert Evidence, Trust Establishment
Delict Civil Procedure Loss of Earning Capacity Contingency Deduction Road Accident Fund Act Expert Evidence Trust Establishment

Case Brief

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Parties

M.F.M obo M.M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff proved the quantum of damages for loss of future earning capacity of the minor child.
  2. 2 What contingency deduction is appropriate in the circumstances.
  3. 3 Whether the expert evidence supports the plaintiff's claim for future loss of earnings.

Ratio Decidendi

The court found that the plaintiff had proved, on a balance of probabilities, the quantum of damages for the minor child’s loss of future earning capacity as set out in scenario 2 of the actuarial report. The evidence established that the child was of above average intelligence and would likely have completed matric and pursued tertiary education but for the accident. The defendant’s expert report was rejected for lack of objectivity and reliance on inaccurate information. The contingency deduction applied was consistent with comparable case law. The court accepted the joint minute of the industrial psychologists and the actuarial report as objective and fair. The defendant failed to...

Court Disposition

Plaintiff succeeded; defendant ordered to pay capitalised loss of earnings, costs, and to issue an undertaking for future medical expenses. Trust to be established for the benefit of the minor child.

Orders

  • The defendant is ordered to pay the plaintiff R4,661,591.00 (after 20% contingency deduction) on or before 28 September 2013.
  • The capital amount shall be paid to the plaintiff’s attorney of record, Mushwana Inc, into the specified trust account.