Modisana v Road Accident Fund (3303/2009) [2012] ZANWHC 19 (26 April 2012)

Modisana v Road Accident Fund (3303/2009) [2012] ZANWHC 19 (26 April 2012)

The court found that the plaintiff suffered a severe head injury resulting in permanent cognitive and psychological impairments, which significantly diminished her earning capacity and quality of life. Expert evidence established that her pre-accident prospects included matriculation but not likely tertiary education. The court preferred the evidence of Ms Sewpershad and Ms Du Plessis regarding pre-accident intelligence and rejected the defendant's experts who assumed a mild concussion. The court calculated future loss of income based on a matriculation pass, applied a 10% contingency deduction, and apportioned damages according to the parties' agreement (70% liability for the defendant)....

Citation
[2012] ZANWHC 19
Parties
Plaintiff: Emily Modisana; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
26 April 2012
Case Number
3303/2009
Procedural Posture
Civil Trial / Quantum and Liability Determination
Outcome
The plaintiff's claim for general damages and future loss of income is upheld, subject to a 30% reduction in accordance with the parties' agreement on apportionment. Costs are awarded to the plaintiff.
Judges
A A Landman
Legal Topics
Road Accident Fund, Personal Injury, General Damages, Future Loss of Income, Contingency Deduction
Delict Civil Procedure Road Accident Fund Personal Injury General Damages Future Loss of Income Contingency Deduction

Case Brief

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Parties

Emily Modisana

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum and Liability Determination

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's injuries sustained in a motor vehicle accident.
  2. 2 What is the correct calculation for future loss of income given the plaintiff's pre- and post-accident earning capacity.
  3. 3 What contingency deductions should be applied to the plaintiff's damages.

Ratio Decidendi

The court found that the plaintiff suffered a severe head injury resulting in permanent cognitive and psychological impairments, which significantly diminished her earning capacity and quality of life. Expert evidence established that her pre-accident prospects included matriculation but not likely tertiary education. The court preferred the evidence of Ms Sewpershad and Ms Du Plessis regarding pre-accident intelligence and rejected the defendant's experts who assumed a mild concussion. The court calculated future loss of income based on a matriculation pass, applied a 10% contingency deduction, and apportioned damages according to the parties' agreement (70% liability for the defendant)....

Court Disposition

The plaintiff's claim for general damages and future loss of income is upheld, subject to a 30% reduction in accordance with the parties' agreement on apportionment. Costs are awarded to the plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff R420,000 in respect of general damages within 14 days of judgment, with interest at the legal rate if not paid timeously.
  • The defendant is ordered to pay the plaintiff R365,080 in respect of future loss of income within 14 days of judgment, with interest at the legal rate if not paid timeously.