Mohutsiwa v Road Accident Fund (RAF283/2016) [2018] ZANWHC 55 (14 May 2018)

Mohutsiwa v Road Accident Fund (RAF283/2016) [2018] ZANWHC 55 (14 May 2018)

The court found that the plaintiff failed to discharge the onus of proving the quantum of damages for future loss of income resulting from the second accident. Although the second accident further diminished the plaintiff's earning capacity, he was not rendered unemployable. The plaintiff had already received compensation for future loss of income due to the first accident and was unemployed prior to the second accident. The expert evidence did not adequately differentiate the impact of the first and second accidents, and the actuarial report was flawed as it did not consider the plaintiff's current income from his tuck shop or the apportionment of damages. Consequently, the claim for...

Citation
[2018] ZANWHC 55
Parties
Plaintiff: Basimane Eric Mohutsiwa; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
14 May 2018
Case Number
RAF283/2016
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for future loss of income is dismissed. Defendant is ordered to pay general damages and provide an undertaking for future medical expenses, subject to apportionment.
Judges
N Gutta
Legal Topics
Road Accident Fund Act, Future Loss of Income, Apportionment of Damages, Diminished Earning Capacity
Delict Civil Procedure Road Accident Fund Act Future Loss of Income Apportionment of Damages Diminished Earning Capacity

Case Brief

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Parties

Basimane Eric Mohutsiwa

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for future loss of income given prior compensation for a previous accident and unemployment before the second accident.
  2. 2 To what extent the injuries and sequelae from the first accident impacted the plaintiff's earning capacity after the second accident.
  3. 3 Whether the plaintiff proved the quantum of damages for diminished earning capacity.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving the quantum of damages for future loss of income resulting from the second accident. Although the second accident further diminished the plaintiff's earning capacity, he was not rendered unemployable. The plaintiff had already received compensation for future loss of income due to the first accident and was unemployed prior to the second accident. The expert evidence did not adequately differentiate the impact of the first and second accidents, and the actuarial report was flawed as it did not consider the plaintiff's current income from his tuck shop or the apportionment of damages. Consequently, the claim for...

Court Disposition

Plaintiff's claim for future loss of income is dismissed. Defendant is ordered to pay general damages and provide an undertaking for future medical expenses, subject to apportionment.

Orders

  • Defendant is to furnish plaintiff with an undertaking in terms of Section 17(4) of the Road Accident Fund Act 56 of 1996 for 80% of future medical and related costs.
  • Defendant to pay plaintiff an amount of R360,000.00 for general damages.