Mojela v Road Accident Fund [2023] ZAGPPHC 327; 56804/21 (31 March 2023)

Mojela v Road Accident Fund [2023] ZAGPPHC 327; 56804/21 (31 March 2023)

The court found that the plaintiff was a credible witness and accepted the expert evidence that her injuries from the accident impaired her ability to work and compete in the open labour market. The court was satisfied that, but for the accident, the plaintiff would have been promoted to recruitment manager, and her career trajectory and earnings would have progressed accordingly. The court determined that the contingencies applied by the plaintiff did not adequately account for uncertainties and instructed higher deductions. The final calculation established a total loss of earnings (past and future) of R4,847,125.00. The defendant was held liable for 100% of the plaintiff's damages,...

Citation
[2023] ZAGPPHC 327
Parties
Plaintiff: M E Mojela; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 March 2023
Case Number
56804/21
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for damages is upheld; defendant is liable for 100% of plaintiff's damages.
Judges
D J Erasmus
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Admission of Hearsay Evidence
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Admission of Hearsay Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

M E Mojela

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant is liable for damages suffered by the plaintiff as a result of the motor vehicle accident.
  2. 2 Whether the plaintiff's injuries caused a loss of earning capacity and future promotion prospects.
  3. 3 What contingencies should be applied to the calculation of past and future loss of earnings.

Ratio Decidendi

The court found that the plaintiff was a credible witness and accepted the expert evidence that her injuries from the accident impaired her ability to work and compete in the open labour market. The court was satisfied that, but for the accident, the plaintiff would have been promoted to recruitment manager, and her career trajectory and earnings would have progressed accordingly. The court determined that the contingencies applied by the plaintiff did not adequately account for uncertainties and instructed higher deductions. The final calculation established a total loss of earnings (past and future) of R4,847,125.00. The defendant was held liable for 100% of the plaintiff's damages,...

Court Disposition

Plaintiff's claim for damages is upheld; defendant is liable for 100% of plaintiff's damages.

Orders

  • The defendant is liable for 100% of the plaintiff’s damages.
  • The defendant shall pay the plaintiff the capital amount of R4,847,125.00 together with interest in accordance with the Prescribed Rate of Interest Act 55 of 1975.