Motloung v Road Accident Fund (003034/2019) [2025] ZAGPJHC 371 (12 March 2025)

Motloung v Road Accident Fund (003034/2019) [2025] ZAGPJHC 371 (12 March 2025)

The court found that the plaintiff had established her entitlement to future medical expenses and compensation for loss of earning capacity arising from injuries sustained in a motor vehicle accident. The court accepted the career paths and actuarial calculations presented in the expert reports, but determined that a 42% contingency deduction was appropriate given the plaintiff's educational history and residence in KwaZulu-Natal. The difference between the 'having regard to' and 'but for' figures, after applying the contingency deduction, adequately compensated for the impact of the injuries on future employability. The defendant, having failed to appear or oppose, was held liable for...

Citation
[2025] ZAGPJHC 371
Parties
Plaintiff: Motloung Tsoanelo Lerato; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 March 2025
Case Number
003034/2019
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claims for future medical expenses and loss of earning capacity are upheld. Defendant is liable for 100% of substantiated damages.
Judges
Weideman
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Future Medical Expenses, Contingency Deduction
Civil Procedure Delict Road Accident Fund Act Loss of Earning Capacity Future Medical Expenses Contingency Deduction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Motloung Tsoanelo Lerato

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to future medical expenses and loss of earning capacity as a result of injuries sustained in a motor vehicle accident.
  2. 2 Whether the contingency deductions applied to the actuarial calculations adequately reflect the plaintiff's circumstances.
  3. 3 Whether the defendant is liable for 100% of the substantiated damages.

Ratio Decidendi

The court found that the plaintiff had established her entitlement to future medical expenses and compensation for loss of earning capacity arising from injuries sustained in a motor vehicle accident. The court accepted the career paths and actuarial calculations presented in the expert reports, but determined that a 42% contingency deduction was appropriate given the plaintiff's educational history and residence in KwaZulu-Natal. The difference between the 'having regard to' and 'but for' figures, after applying the contingency deduction, adequately compensated for the impact of the injuries on future employability. The defendant, having failed to appear or oppose, was held liable for...

Court Disposition

Plaintiff's claims for future medical expenses and loss of earning capacity are upheld. Defendant is liable for 100% of substantiated damages.

Orders

  • The plaintiff's application in terms of Rule 28 is granted.
  • The plaintiff's application in terms of Rule 33(4) for the postponement of general damages sine die is granted.