Moloi v Road Accident Fund (1550/2020) [2025] ZAFSHC 55 (21 February 2025)

Moloi v Road Accident Fund (1550/2020) [2025] ZAFSHC 55 (21 February 2025)

The court found that the plaintiff's expert evidence was uncontested and established both past and future loss of earning capacity resulting from the accident. The defendant's arguments were speculative, lacking evidentiary support. The court accepted the expert reports, including the actuarial calculations, and determined that the contingency deductions proposed by the plaintiff (15% for uninjured, 25% for injured scenarios) were fair and just, considering the plaintiff's inability to secure suitable employment and the high unemployment rate. The court awarded damages accordingly and ordered costs to follow the event, including costs of senior counsel and expert witnesses.

Citation
[2025] ZAFSHC 55
Parties
Plaintiff: Setona Zacharia Moloi; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 February 2025
Case Number
1550/2020
Procedural Posture
Civil Trial / Quantification of Damages After Liability Conceded
Outcome
Plaintiff's claim for past and future loss of income is upheld; damages and costs awarded as per the order.
Judges
Reinders
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Expert Evidence, Quantification of Damages
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Expert Evidence Quantification of Damages

Case Brief

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Parties

Setona Zacharia Moloi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Liability Conceded

Legal Issues

  1. 1 Whether the plaintiff proved past and future loss of income resulting from the motor vehicle accident.
  2. 2 What contingency deductions are fair and just in calculating damages for loss of earnings.
  3. 3 Whether the expert evidence presented by the plaintiff stands uncontested and should be accepted.

Ratio Decidendi

The court found that the plaintiff's expert evidence was uncontested and established both past and future loss of earning capacity resulting from the accident. The defendant's arguments were speculative, lacking evidentiary support. The court accepted the expert reports, including the actuarial calculations, and determined that the contingency deductions proposed by the plaintiff (15% for uninjured, 25% for injured scenarios) were fair and just, considering the plaintiff's inability to secure suitable employment and the high unemployment rate. The court awarded damages accordingly and ordered costs to follow the event, including costs of senior counsel and expert witnesses.

Court Disposition

Plaintiff's claim for past and future loss of income is upheld; damages and costs awarded as per the order.

Orders

  • The defendant is liable to pay the plaintiff R1,516,405.00 in full and final settlement, comprising R5,300.00 for past loss of income and R1,511,105.00 for future loss of income.
  • The defendant must furnish the plaintiff with an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for 100% of future medical, hospital, and related costs.