Mokete v Road Accident Fund (1244/2023) [2024] ZAFSHC 111 (18 April 2024)

Mokete v Road Accident Fund (1244/2023) [2024] ZAFSHC 111 (18 April 2024)

The court found that the plaintiff sustained serious injuries in the accident, which have permanently affected his ability to pursue a professional soccer career and limited his capacity for physically demanding work. The expert evidence established that the plaintiff is suited only for sedentary work and will require reasonable accommodation in future employment. The court accepted the actuarial report submitted by the plaintiff, as the defendant did not provide any expert evidence or actuarial calculations. Scenario 2 of the actuarial report, which projects retirement between ages 47 and 50, was deemed fair and just, considering the plaintiff's ongoing pain, future surgery, and limited...

Citation
[2024] ZAFSHC 111
Parties
Plaintiff: Kamogelo Mokete; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 April 2024
Case Number
1244/2023
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for future loss of earnings is upheld. Judgment is granted in favour of the plaintiff.
Judges
Chesiwe
Legal Topics
Road Accident Fund, Loss of Earnings, Contingency Deductions, Personal Injury, Expert Evidence
Delict Road Accident Fund Loss of Earnings Contingency Deductions Personal Injury Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Kamogelo Mokete

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff has proven loss of earnings resulting from injuries sustained in the motor vehicle accident.
  2. 2 What is the appropriate quantum to be awarded for future loss of earnings, considering expert evidence and contingencies.
  3. 3 Whether the plaintiff is vulnerable in the labour market due to his injuries.

Ratio Decidendi

The court found that the plaintiff sustained serious injuries in the accident, which have permanently affected his ability to pursue a professional soccer career and limited his capacity for physically demanding work. The expert evidence established that the plaintiff is suited only for sedentary work and will require reasonable accommodation in future employment. The court accepted the actuarial report submitted by the plaintiff, as the defendant did not provide any expert evidence or actuarial calculations. Scenario 2 of the actuarial report, which projects retirement between ages 47 and 50, was deemed fair and just, considering the plaintiff's ongoing pain, future surgery, and limited...

Court Disposition

Plaintiff's claim for future loss of earnings is upheld. Judgment is granted in favour of the plaintiff.

Orders

  • The defendant is to pay the plaintiff R2,552,112 in respect of future loss of earnings within 180 days from the date of the court order.
  • The defendant is to pay interest on the above amount if not paid within 180 days.