Motebejane v Road Accident Fund (24246/2013) [2015] ZAGPPHC 174 (11 March 2015)

Motebejane v Road Accident Fund (24246/2013) [2015] ZAGPPHC 174 (11 March 2015)

The court found that the plaintiff was employed as a hairdresser at the time of the accident and that his earning capacity was significantly diminished due to the injuries sustained. The plaintiff's evidence was accepted as reliable and unchallenged, supported by expert reports from an industrial psychologist, occupational therapist, and orthopaedic surgeon. The court determined that a 5% contingency should be applied to past earnings and a 15% contingency to future earnings, as argued by the plaintiff. The total loss of earnings was calculated at R797,678.35, which the defendant was ordered to pay. The issue of general damages was separated and postponed sine die. The defendant was also...

Citation
[2015] ZAGPPHC 174
Parties
Plaintiff: L P Motebejane; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 March 2015
Case Number
24246/2013
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for loss of earnings is upheld; defendant ordered to pay.
Judges
Msimeki
Legal Topics
Road Accident Claim, Loss of Earnings, Expert Evidence, Contingencies, General Damages Separation
Delict Civil Procedure Road Accident Claim Loss of Earnings Expert Evidence Contingencies General Damages Separation

Case Brief

Summary, issues, holding and outcome

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Parties

L P Motebejane

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was employed prior to, at the time of, and after the accident.
  2. 2 What salary the plaintiff earned before and after the accident.
  3. 3 What contingencies should be applied to the plaintiff's past and future earnings.

Ratio Decidendi

The court found that the plaintiff was employed as a hairdresser at the time of the accident and that his earning capacity was significantly diminished due to the injuries sustained. The plaintiff's evidence was accepted as reliable and unchallenged, supported by expert reports from an industrial psychologist, occupational therapist, and orthopaedic surgeon. The court determined that a 5% contingency should be applied to past earnings and a 15% contingency to future earnings, as argued by the plaintiff. The total loss of earnings was calculated at R797,678.35, which the defendant was ordered to pay. The issue of general damages was separated and postponed sine die. The defendant was also...

Court Disposition

Plaintiff's claim for loss of earnings is upheld; defendant ordered to pay.

Orders

  • The defendant is to pay the plaintiff's attorneys the sum of R797,678.35.
  • Interest at 9% per annum shall accrue on any outstanding amount from due date until payment.