Mokgotho v Road Accident Fund (1989/2014) [2017] ZALMPPHC 46 (25 October 2017)

Mokgotho v Road Accident Fund (1989/2014) [2017] ZALMPPHC 46 (25 October 2017)

The court found that the plaintiff's injuries were mild and, according to expert evidence (excluding the plaintiff's industrial psychologist), would heal with proper treatment, restoring her to her premorbid condition. There was no evidential basis to link her academic difficulties to the accident, as no school reports were provided and she was of average academic ability. The actuarial calculations presented by the plaintiff were unsupported by the facts. The court held that there was no evidence of future loss of earning capacity and dismissed the claim accordingly. Costs were awarded against the plaintiff.

Citation
[2017] ZALMPPHC 46
Parties
Plaintiff: Mokgotho Jemeshia Lhomohang; Defendant: Road Accident Fund
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
25 October 2017
Case Number
1989/2014
Procedural Posture
Civil Trial / Determination of Future Loss of Earning Capacity
Outcome
Plaintiff's claim for future loss of earning capacity dismissed with costs.
Judges
Sikhwari
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deduction, Actuarial Calculation, Personal Injury, Assessment of Damages
Delict Road Accident Fund Act Loss of Earning Capacity Contingency Deduction Actuarial Calculation Personal Injury Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Mokgotho Jemeshia Lhomohang

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Future Loss of Earning Capacity

Legal Issues

  1. 1 Whether the plaintiff has suffered future loss of earning capacity as a result of the motor vehicle accident.
  2. 2 Whether the plaintiff's academic difficulties are causally linked to the accident injuries.
  3. 3 What contingency deduction, if any, should be applied to the plaintiff's claim for future loss of earning capacity.

Ratio Decidendi

The court found that the plaintiff's injuries were mild and, according to expert evidence (excluding the plaintiff's industrial psychologist), would heal with proper treatment, restoring her to her premorbid condition. There was no evidential basis to link her academic difficulties to the accident, as no school reports were provided and she was of average academic ability. The actuarial calculations presented by the plaintiff were unsupported by the facts. The court held that there was no evidence of future loss of earning capacity and dismissed the claim accordingly. Costs were awarded against the plaintiff.

Court Disposition

Plaintiff's claim for future loss of earning capacity dismissed with costs.

Orders

  • The plaintiff's claim for future loss of earning capacity is dismissed with costs.