Mjezu v Road Accident Fund (3123/2013) [2015] ZAFSHC 48 (2 March 2015)

Mjezu v Road Accident Fund (3123/2013) [2015] ZAFSHC 48 (2 March 2015)

The court found that the evidence presented by the plaintiff and his witnesses regarding his earnings was inconsistent and lacked documentary support. The employer's testimony was vague and contradictory, and the certificates provided did not corroborate the higher earnings claimed. The court determined that the most probable figure for the plaintiff's monthly earnings at the time of the accident was R8,000, as this amount was mentioned both by the plaintiff and in the employer's certificate of service. The court rejected the claim for R15,000 per month as unproven and based its calculation of loss of earnings on the R8,000 per month figure.

Citation
[2015] ZAFSHC 48
Parties
Plaintiff: Samuel C Mjezu; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 March 2015
Case Number
3123/2013
Procedural Posture
Civil Trial / Quantification of Damages After Liability Determined
Outcome
Plaintiff's earnings at the date of the accident determined to be R8,000 per month for purposes of loss of earnings calculation. Costs to stand over.
Judges
Moloi
Legal Topics
Loss of Earnings, Quantification of Damages, Motor Vehicle Accident, Burden of Proof
Civil Procedure Delict Loss of Earnings Quantification of Damages Motor Vehicle Accident Burden of Proof

Case Brief

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Parties

Samuel C Mjezu

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Liability Determined

Legal Issues

  1. 1 What was the probable amount of the plaintiff's monthly earnings at the time of the accident for purposes of calculating loss of earnings?
  2. 2 Is the plaintiff entitled to the claimed amounts for past and future loss of earnings based on the evidence presented?

Ratio Decidendi

The court found that the evidence presented by the plaintiff and his witnesses regarding his earnings was inconsistent and lacked documentary support. The employer's testimony was vague and contradictory, and the certificates provided did not corroborate the higher earnings claimed. The court determined that the most probable figure for the plaintiff's monthly earnings at the time of the accident was R8,000, as this amount was mentioned both by the plaintiff and in the employer's certificate of service. The court rejected the claim for R15,000 per month as unproven and based its calculation of loss of earnings on the R8,000 per month figure.

Court Disposition

Plaintiff's earnings at the date of the accident determined to be R8,000 per month for purposes of loss of earnings calculation. Costs to stand over.

Orders

  • The earnings of the plaintiff as at the date of the accident being 27 March 2011 was an amount of R8,000 (Eight Thousand Rand) per month.
  • Costs to stand over.