M.M.B.N obo T.D.N v Road Accident Fund (40675/2016) [2020] ZAGPPHC 385 (11 August 2020)

M.M.B.N obo T.D.N v Road Accident Fund (40675/2016) [2020] ZAGPPHC 385 (11 August 2020)

The court found that the minor child suffered at least a mild, possibly moderate, concussive brain injury as a result of the accident, which led to neurocognitive deficits and academic difficulties. Expert evidence established that, but for the accident, the child would likely have attained tertiary education (NQF Level 7), but post-morbid, he will probably only achieve NQF Level 5. The court accepted the actuarial calculations based on this scenario and determined the net future loss of earnings at R2,287,844 after applying a 25% contingency deduction. The court ordered that the award be protected by means of a trust and that the defendant pay the plaintiff's costs, including expert...

Citation
[2020] ZAGPPHC 385
Parties
Plaintiff: M.M.B.N obo T.D.N; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 August 2020
Case Number
40675/2016
Procedural Posture
Civil Trial / Quantum Determination After Liability Settled
Outcome
Plaintiff's claim for loss of earning capacity is upheld. Defendant is ordered to pay R2,287,844 to the plaintiff, with the award to be protected by a trust.
Judges
Ranchod
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantum of Damages, Expert Evidence, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Quantum of Damages Expert Evidence Contingency Deduction

Case Brief

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Parties

M.M.B.N obo T.D.N

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Settled

Legal Issues

  1. 1 Whether the minor child suffered mild or moderate concussion as a result of the accident.
  2. 2 Whether the accident caused a reduction in the minor child's post-morbid earning capacity.
  3. 3 What is the appropriate quantum of damages for loss of earning capacity.

Ratio Decidendi

The court found that the minor child suffered at least a mild, possibly moderate, concussive brain injury as a result of the accident, which led to neurocognitive deficits and academic difficulties. Expert evidence established that, but for the accident, the child would likely have attained tertiary education (NQF Level 7), but post-morbid, he will probably only achieve NQF Level 5. The court accepted the actuarial calculations based on this scenario and determined the net future loss of earnings at R2,287,844 after applying a 25% contingency deduction. The court ordered that the award be protected by means of a trust and that the defendant pay the plaintiff's costs, including expert...

Court Disposition

Plaintiff's claim for loss of earning capacity is upheld. Defendant is ordered to pay R2,287,844 to the plaintiff, with the award to be protected by a trust.

Orders

  • The defendant is ordered to pay the plaintiff an amount of R2,287,844 within 90 days to the plaintiff's attorneys' trust account.
  • Should the defendant fail to pay within 90 days, interest at 10.25% per annum shall accrue from the due date until payment.