Mokgara v Road Accident Fund (65602/09) [2011] ZAGPPHC 50 (1 April 2011)

Mokgara v Road Accident Fund (65602/09) [2011] ZAGPPHC 50 (1 April 2011)

The court determined that the contingency deductions recommended by the actuary were too generous given the plaintiff's circumstances. The plaintiff, aged 25, suffered an injury to his right arm but retained cognitive and mental capacity, and could potentially adapt by using his left hand. The court accepted the defendant's proposed contingency deductions of 25 percent pre-morbid and 35 percent post-morbid as more realistic. The quantum for general damages and costs was agreed between the parties, and the defendant was ordered to furnish an undertaking for future medical expenses. The amount for future loss of earning capacity is to be calculated by the actuary using the court-approved...

Citation
[2011] ZAGPPHC 50
Parties
Plaintiff: Masego Congress Mokgara; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 April 2011
Case Number
65602/09
Procedural Posture
Civil Trial / Quantification of Damages
Outcome
Plaintiff's claim for general damages and costs is granted as agreed; future loss of earning capacity to be quantified by the actuary using specified contingencies; defendant to furnish statutory undertaking for future medical expenses.
Judges
MNGQIBISA-THUSI
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantum of Damages, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Quantum of Damages Contingency Deduction

Case Brief

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Parties

Masego Congress Mokgara

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply in quantifying future loss of earning capacity for the plaintiff.
  2. 2 Is the plaintiff entitled to compensation for future medical expenses and general damages as agreed between the parties.
  3. 3 Should the defendant furnish an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996.

Ratio Decidendi

The court determined that the contingency deductions recommended by the actuary were too generous given the plaintiff's circumstances. The plaintiff, aged 25, suffered an injury to his right arm but retained cognitive and mental capacity, and could potentially adapt by using his left hand. The court accepted the defendant's proposed contingency deductions of 25 percent pre-morbid and 35 percent post-morbid as more realistic. The quantum for general damages and costs was agreed between the parties, and the defendant was ordered to furnish an undertaking for future medical expenses. The amount for future loss of earning capacity is to be calculated by the actuary using the court-approved...

Court Disposition

Plaintiff's claim for general damages and costs is granted as agreed; future loss of earning capacity to be quantified by the actuary using specified contingencies; defendant to furnish statutory undertaking for future medical expenses.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R250 000.00 subject to the agreed apportionment.
  • The defendant is directed to furnish an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act 56 of 1996.