Moreki v Road Accident Fund (2454/2017) [2019] ZAFSHC 80 (18 June 2019)

Moreki v Road Accident Fund (2454/2017) [2019] ZAFSHC 80 (18 June 2019)

The court accepted the joint expert evidence that the plaintiff is unable to perform her pre-accident work and is unlikely to be employed again, limiting her to sedentary work. The actuarial report, which applied a 20% contingency deduction, was found to be reliable and based on sound assumptions. The defendant's argument against contingencies was rejected, as the joint minutes and reports provided for their application. The court awarded damages for loss of earnings in the amount calculated by the actuary, subject to the agreed apportionment, and ordered payment of costs and interest at the prescribed rate.

Citation
[2019] ZAFSHC 80
Parties
Plaintiff: Matshidiso Marie Moreki; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 June 2019
Case Number
2454/2017
Procedural Posture
Civil Trial / Quantification of Damages
Outcome
Plaintiff's claim for loss of earnings is upheld. Damages awarded as calculated by the actuary, subject to apportionment.
Judges
M A Mathebula
Legal Topics
Loss of Earnings, Road Accident Fund Act, Contingency Deductions, Quantification of Damages
Delict Civil Procedure Loss of Earnings Road Accident Fund Act Contingency Deductions Quantification of Damages

Case Brief

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Parties

Matshidiso Marie Moreki

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages

Legal Issues

  1. 1 What is the appropriate amount for past and future loss of earnings suffered by the plaintiff as a result of the accident.
  2. 2 Should contingency deductions be applied to the calculation of damages.
  3. 3 Is the actuarial calculation of damages reliable and acceptable to the court.

Ratio Decidendi

The court accepted the joint expert evidence that the plaintiff is unable to perform her pre-accident work and is unlikely to be employed again, limiting her to sedentary work. The actuarial report, which applied a 20% contingency deduction, was found to be reliable and based on sound assumptions. The defendant's argument against contingencies was rejected, as the joint minutes and reports provided for their application. The court awarded damages for loss of earnings in the amount calculated by the actuary, subject to the agreed apportionment, and ordered payment of costs and interest at the prescribed rate.

Court Disposition

Plaintiff's claim for loss of earnings is upheld. Damages awarded as calculated by the actuary, subject to apportionment.

Orders

  • The defendant must pay the plaintiff the sum of R112,282.00.
  • Interest at the rate of 10.25% is payable from fourteen days after the date of this order.