Mkhupe v Minister of Safety and Security (5562/2008) [2013] ZAGPJHC 74 (22 March 2013)

Mkhupe v Minister of Safety and Security (5562/2008) [2013] ZAGPJHC 74 (22 March 2013)

The court accepted the expert reports by agreement and determined the quantum of damages based on the uncontested figures and reasonable contingency deductions. For future medical expenses, a 15% contingency was applied, resulting in R69,178. For loss of past income, a 5% deduction was made, yielding R19,933. For loss of future income, a 15% deduction was applied to the 'but for' scenario, and a 25% deduction to the post-accident scenario, resulting in a net loss of R203,055. General damages were assessed at R250,000, considering the plaintiff's age, psychological impact, and comparable awards. The total damages awarded amounted to R542,166.

Citation
[2013] ZAGPJHC 74
Parties
Plaintiff: Simon Michael Mkhupe; Defendant: Minister of Safety and Security
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2013
Case Number
5562/2008
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Judgment granted in favour of the plaintiff for damages arising from the shooting incident.
Judges
FHD Van Oosten
Legal Topics
Personal Injury, Quantum of Damages, Loss of Earning Capacity, General Damages, Contingency Deductions
Delict Personal Injury Quantum of Damages Loss of Earning Capacity General Damages Contingency Deductions

Case Brief

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Parties

Simon Michael Mkhupe

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's loss of an eye resulting from a shooting incident.
  2. 2 How should future medical expenses, loss of past income, and loss of earning capacity be calculated and what contingency allowances are appropriate.
  3. 3 What amount should be awarded for general damages given the plaintiff's age and psychological impact.

Ratio Decidendi

The court accepted the expert reports by agreement and determined the quantum of damages based on the uncontested figures and reasonable contingency deductions. For future medical expenses, a 15% contingency was applied, resulting in R69,178. For loss of past income, a 5% deduction was made, yielding R19,933. For loss of future income, a 15% deduction was applied to the 'but for' scenario, and a 25% deduction to the post-accident scenario, resulting in a net loss of R203,055. General damages were assessed at R250,000, considering the plaintiff's age, psychological impact, and comparable awards. The total damages awarded amounted to R542,166.

Court Disposition

Judgment granted in favour of the plaintiff for damages arising from the shooting incident.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R542,166 as damages.
  • Interest on the amount awarded at the prescribed rate from date of judgment until payment.