Mosenyegi v Road Accident Fund (RAF 12/2023) [2025] ZANWHC 38 (19 February 2025)

Mosenyegi v Road Accident Fund (RAF 12/2023) [2025] ZANWHC 38 (19 February 2025)

The court found that the plaintiff had proven on a balance of probabilities that her future employment possibilities were limited as a result of the injury sustained in the collision. Although she was unemployed at the time of the accident, she managed to secure employment post-collision, but her physical limitations and pain affected her ability to perform manual work and rendered her less competitive. The court determined that a higher contingency deduction than the standard 20% was justified, applying a 30% contingency to future loss of earnings. The plaintiff was awarded R1,017,858 for loss of income, and the defendant was ordered to provide an undertaking for 80% of future medical...

Citation
[2025] ZANWHC 38
Parties
Plaintiff: Pelonomi Lorraine Mosenyegi; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 February 2025
Case Number
RAF12/2022
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement of Merits
Outcome
Plaintiff's claim for loss of income is upheld; general damages are separated and postponed sine die; past medical expenses claim is dismissed.
Judges
FMM Reid
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deduction, Quantum of Damages
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Deduction Quantum of Damages

Case Brief

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Parties

Pelonomi Lorraine Mosenyegi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement of Merits

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for loss of income resulting from injuries sustained in a motor vehicle collision.
  2. 2 What is the appropriate contingency percentage to apply to the calculation of future loss of earnings.
  3. 3 Whether the plaintiff is entitled to past and future medical expenses.

Ratio Decidendi

The court found that the plaintiff had proven on a balance of probabilities that her future employment possibilities were limited as a result of the injury sustained in the collision. Although she was unemployed at the time of the accident, she managed to secure employment post-collision, but her physical limitations and pain affected her ability to perform manual work and rendered her less competitive. The court determined that a higher contingency deduction than the standard 20% was justified, applying a 30% contingency to future loss of earnings. The plaintiff was awarded R1,017,858 for loss of income, and the defendant was ordered to provide an undertaking for 80% of future medical...

Court Disposition

Plaintiff's claim for loss of income is upheld; general damages are separated and postponed sine die; past medical expenses claim is dismissed.

Orders

  • The defendant concedes merits 80% in favour of the plaintiff.
  • The defendant shall pay the sum of R1,017,858 to the plaintiff's attorneys in settlement for loss of income.