M.K v Road Accident Fund (1059/2017) [2020] ZAFSHC 10 (28 January 2020)

Parties

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

1. 1 Whether the plaintiff is entitled to compensation for past and future loss of income resulting from injuries sustained in the motor vehicle collision.
2. 2 Whether the defendant must furnish an undertaking for future medical costs under section 17(4)(a) of the Road Accident Fund Act.
3. 3 Whether the salary received by the plaintiff during his absence from work constitutes ex gratia payments or earnings to be deducted from the claim.

Ratio Decidendi

The court found that the plaintiff suffered severe and permanent injuries in the motor vehicle collision, resulting in a loss of earning capacity. Expert evidence established that the plaintiff was no longer suitable for manual labour and lacked qualifications for sedentary work. The court rejected the actuarial assumption that salary received during absence was ex gratia, as there was no evidence to support this. Consequently, the claim for past loss of income failed, but the actuarial calculation for future loss of income was accepted. The court held that the plaintiff required future medical attention, including a hip replacement, and ordered the defendant to furnish an undertaking for...

Court Disposition

Judgment granted in favour of the plaintiff for future loss of income and future medical expenses; claim for past loss of income dismissed.

Orders

• Payment of the amount of R 1 181 927 to the plaintiff.
• Interest on the amount at the applicable rate calculated from 30 days from the date of judgment until the date of payment.