Motlhale v Road Accident Fund (3507/2015) [2019] ZAFSHC 181 (20 September 2019)

Motlhale v Road Accident Fund (3507/2015) [2019] ZAFSHC 181 (20 September 2019)

The court found that the plaintiff was not unemployable as a result of her disability, noting that she had returned to work after the accident and continued to perform duties as a security guard, albeit with some limitations. The evidence showed that she could secure employment in the informal sector and continue her side business, despite challenges. The court rejected the plaintiff's assertion of total unemployability and determined that appropriate contingency deductions should be applied to both pre-morbid and post-morbid scenarios. After considering expert reports and actuarial calculations, the court awarded the plaintiff R70,194.55 for past loss of earnings and R444,581.00 for...

Citation
[2019] ZAFSHC 181
Parties
Plaintiff: Maratswaneng Maria Motlhale; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 September 2019
Case Number
3507/2015
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for past and future loss of earnings is upheld; damages awarded.
Judges
P.E. Molitsoane
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deduction, Expert Evidence, Damages Assessment
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Contingency Deduction Expert Evidence Damages Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Maratswaneng Maria Motlhale

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for past and future loss of earnings as a result of injuries sustained in a motor vehicle accident.
  2. 2 How the plaintiff's earning capacity was affected by the accident and subsequent disability.
  3. 3 What contingency deductions are appropriate in calculating damages for loss of earnings.

Ratio Decidendi

The court found that the plaintiff was not unemployable as a result of her disability, noting that she had returned to work after the accident and continued to perform duties as a security guard, albeit with some limitations. The evidence showed that she could secure employment in the informal sector and continue her side business, despite challenges. The court rejected the plaintiff's assertion of total unemployability and determined that appropriate contingency deductions should be applied to both pre-morbid and post-morbid scenarios. After considering expert reports and actuarial calculations, the court awarded the plaintiff R70,194.55 for past loss of earnings and R444,581.00 for...

Court Disposition

Plaintiff's claim for past and future loss of earnings is upheld; damages awarded.

Orders

  • The defendant is ordered to pay the plaintiff R514,775.55 in respect of past and future loss of earnings.
  • The defendant is ordered to pay the plaintiff's taxed or agreed costs on the party and party scale, including costs related to expert witnesses and necessary consultations.