Mosiane v Road Accident Fund (2152/2017) [2021] ZAFSHC 259 (18 October 2021)

Parties

Procedural Posture

Civil Trial / Judgment After Trial on Quantum

Legal Issues

1. 1 Whether the plaintiff is entitled to compensation for past medical expenses as a result of injuries sustained in a motor vehicle accident.
2. 2 Whether the plaintiff is entitled to compensation for past and future loss of earnings and earning capacity.
3. 3 What contingency deductions are appropriate in calculating the plaintiff's loss of income.

Ratio Decidendi

The court found that the plaintiff had proven her entitlement to compensation for past medical expenses through the submission of medical vouchers, which were not challenged by the defendant. The plaintiff's compromised work capacity and vulnerability in the labour market were established by expert evidence, justifying compensation for past and future loss of earnings. The actuarial calculations and contingency deductions applied by Johan Sauer Actuaries were accepted as a reasonable basis for quantifying the plaintiff's damages. The defendant was ordered to pay the specified amounts for past medical expenses and loss of income, furnish an undertaking for future medical expenses, and pay...

Court Disposition

Plaintiff's claim for past medical expenses and past-and-future loss of income is upheld. Defendant is ordered to pay specified amounts and furnish an undertaking for future medical expenses.

Orders

• The defendant is ordered to pay the plaintiff the sum of R 121,687.77 in respect of past medical expenses.
• The defendant is ordered to pay the plaintiff the sum of R 861,033.67 in respect of past-and-future loss of income.