Mokoena v Road Accident Fund (22026/2021) [2025] ZAGPPHC 659 (11 June 2025)

Mokoena v Road Accident Fund (22026/2021) [2025] ZAGPPHC 659 (11 June 2025)

The court accepted the uncontested expert evidence regarding the plaintiff's injuries and their impact on his earning capacity. The actuarial calculations for past and future loss of earnings were adopted, with contingency deductions of 15% for past loss and 25% for future loss, as proposed by the plaintiff. The total compensation for loss of earnings was determined to be R2,581,178.00. The defendant was ordered to furnish an undertaking for future medical and related expenses under section 17(4)(a) of the Road Accident Fund Act, and to pay the plaintiff’s costs. The court found no reason to deviate from the proposed contingencies or the actuarial assessment, given the severity of the...

Citation
[2025] ZAGPPHC 659
Parties
Plaintiff: Tshepo Patrick Mokoena; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 June 2025
Case Number
22026/2021
Procedural Posture
Delictual Claim / Quantification of Damages After Liability Conceded
Outcome
Plaintiff's claim for past and future loss of earnings is granted as quantified, and the defendant is ordered to furnish an undertaking for future medical expenses and pay costs.
Judges
C Marumoagae
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Future Medical Expenses

Case Brief

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Parties

Tshepo Patrick Mokoena

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Quantification of Damages After Liability Conceded

Legal Issues

  1. 1 What is the fair and reasonable compensation for the plaintiff's past and future loss of earnings resulting from injuries sustained in a motor vehicle accident.
  2. 2 Should the defendant be ordered to furnish an undertaking for future medical and related expenses under section 17(4)(a) of the Road Accident Fund Act.
  3. 3 What contingency deductions are appropriate to apply to the actuarial calculations of past and future loss of earnings.

Ratio Decidendi

The court accepted the uncontested expert evidence regarding the plaintiff's injuries and their impact on his earning capacity. The actuarial calculations for past and future loss of earnings were adopted, with contingency deductions of 15% for past loss and 25% for future loss, as proposed by the plaintiff. The total compensation for loss of earnings was determined to be R2,581,178.00. The defendant was ordered to furnish an undertaking for future medical and related expenses under section 17(4)(a) of the Road Accident Fund Act, and to pay the plaintiff’s costs. The court found no reason to deviate from the proposed contingencies or the actuarial assessment, given the severity of the...

Court Disposition

Plaintiff's claim for past and future loss of earnings is granted as quantified, and the defendant is ordered to furnish an undertaking for future medical expenses and pay costs.

Orders

  • The defendant is ordered to pay R2,581,178.00 to the plaintiff’s attorneys by lump sum electronic transfer within 180 days.
  • The defendant is ordered to furnish the plaintiff with an undertaking within 30 days in terms of section 17(4)(a) of the Road Accident Fund Act for 100% of future medical and related expenses arising from the accident.