M.J.M obo L.J.M v Road Accident Fund (4873/2019) [2022] ZAFSHC 154 (15 June 2022)

M.J.M obo L.J.M v Road Accident Fund (4873/2019) [2022] ZAFSHC 154 (15 June 2022)

The court found that, although the minor's family history reflected limited educational achievement and high unemployment, there was no evidence of premorbid learning problems for the plaintiff. Expert evidence established that, but for the accident, the minor would likely have completed Grade 12 and possibly tertiary education. The court considered the historical context of educational disadvantage due to apartheid but accepted the expert findings as the most reliable marker for the minor's probable career path. Accordingly, a 25% contingency deduction on premorbid earnings was deemed appropriate. For general damages, the court weighed the severity and permanence of the injuries,...

Citation
[2022] ZAFSHC 154
Parties
Plaintiff: M J M obo L J M; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 June 2022
Case Number
4873/2019
Procedural Posture
Civil Trial / Quantum and Damages Determination
Outcome
The plaintiff's claim for damages is upheld. The court orders payment of R 2,241,765.00 to the plaintiff, comprising future loss of income and general damages.
Judges
Snellenburg
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Deductions, Expert Evidence, Personal Injury
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Deductions Expert Evidence Personal Injury

Case Brief

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Parties

M J M obo L J M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum and Damages Determination

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the premorbid future loss of income for the minor plaintiff.
  2. 2 What is the fair and reasonable amount to award for general damages given the nature and extent of the injuries.

Ratio Decidendi

The court found that, although the minor's family history reflected limited educational achievement and high unemployment, there was no evidence of premorbid learning problems for the plaintiff. Expert evidence established that, but for the accident, the minor would likely have completed Grade 12 and possibly tertiary education. The court considered the historical context of educational disadvantage due to apartheid but accepted the expert findings as the most reliable marker for the minor's probable career path. Accordingly, a 25% contingency deduction on premorbid earnings was deemed appropriate. For general damages, the court weighed the severity and permanence of the injuries,...

Court Disposition

The plaintiff's claim for damages is upheld. The court orders payment of R 2,241,765.00 to the plaintiff, comprising future loss of income and general damages.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R 2,241,765.00.
  • Future loss of income is awarded in the amount of R 1,641,765.00.