M.L obo T v Road Accident Fund (87135/2016) [2025] ZAGPPHC 654 (11 June 2025)

M.L obo T v Road Accident Fund (87135/2016) [2025] ZAGPPHC 654 (11 June 2025)

The court found that T suffered injuries resulting in cognitive and behavioural difficulties, which will likely limit his future earning capacity. Expert evidence established that T will require ongoing support and may struggle to complete matric and secure employment without accommodations. The court accepted the second contingency scenario proposed by the plaintiff, applying a 15% deduction to uninjured income and a 25% deduction to injured income, resulting in a just and equitable compensation of R 1,183,161.85 for future loss of earnings. The court also ordered the establishment of a trust for the benefit of T and payment of costs as set out in the order.

Citation
[2025] ZAGPPHC 654
Parties
Plaintiff: M[...] L[...] obo T[...]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 June 2025
Case Number
87135/2016
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for future loss of earnings is upheld; defendant ordered to pay R 1,183,161.85 and costs.
Judges
C Marumoagae
Legal Topics
Road Accident Claim, Loss of Earning Capacity, Future Medical Expenses, Contingency Fee Agreement
Delict Civil Procedure Road Accident Claim Loss of Earning Capacity Future Medical Expenses Contingency Fee Agreement

Case Brief

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Parties

M[...] L[...] obo T[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 What is the appropriate amount for past and future loss of earnings for the minor child T as a result of the accident.
  2. 2 What future medical and related expenses should be awarded to the plaintiff.
  3. 3 What contingency deductions are just and equitable in the calculation of future loss of earnings.

Ratio Decidendi

The court found that T suffered injuries resulting in cognitive and behavioural difficulties, which will likely limit his future earning capacity. Expert evidence established that T will require ongoing support and may struggle to complete matric and secure employment without accommodations. The court accepted the second contingency scenario proposed by the plaintiff, applying a 15% deduction to uninjured income and a 25% deduction to injured income, resulting in a just and equitable compensation of R 1,183,161.85 for future loss of earnings. The court also ordered the establishment of a trust for the benefit of T and payment of costs as set out in the order.

Court Disposition

Plaintiff's claim for future loss of earnings is upheld; defendant ordered to pay R 1,183,161.85 and costs.

Orders

  • The Defendant is ordered to pay R 1,183,161.85 for future loss of earnings to the plaintiff's attorneys within 180 days.
  • 60% of the capital received must be invested in a trust account until T reaches 21 years of age.