Mundalamo v Road Accident Fund (45540/2015) [2016] ZAGPPHC 453 (1 June 2016)

Mundalamo v Road Accident Fund (45540/2015) [2016] ZAGPPHC 453 (1 June 2016)

The court found that the plaintiff failed to prove an actual future loss of earnings or earning capacity, or a real probability thereof. The expert reports indicated that the plaintiff retains the physical capacity to continue in his current occupation until normal retirement age and that his previous and current employment fall within light to medium physical demands, not heavy or very heavy physical demands. There was no direct evidence that the plaintiff is at risk of losing his current employment, nor that he would have difficulty obtaining employment in the semi-skilled labour market. The actuarial report did not foresee any future loss of earnings. Accordingly, the claim for future...

Citation
[2016] ZAGPPHC 453
Parties
Plaintiff: Nyilo Bright Mundalamo; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2016
Case Number
45540/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for future loss of earnings is dismissed; defendant ordered to pay past loss of earnings and provide undertaking for future medical expenses.
Judges
Van der Westhuizen
Legal Topics
Road Accident Fund Act, Future Loss of Earnings, General Damages, Serious Injury Assessment, Party and Party Costs
Civil Procedure Delict Road Accident Fund Act Future Loss of Earnings General Damages Serious Injury Assessment Party and Party Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Nyilo Bright Mundalamo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for future loss of earnings as a result of injuries sustained in a motor vehicle accident.
  2. 2 Whether the plaintiff has proven a real probability of future loss of earning capacity.
  3. 3 Whether the defendant is liable for past loss of earnings and future medical expenses.

Ratio Decidendi

The court found that the plaintiff failed to prove an actual future loss of earnings or earning capacity, or a real probability thereof. The expert reports indicated that the plaintiff retains the physical capacity to continue in his current occupation until normal retirement age and that his previous and current employment fall within light to medium physical demands, not heavy or very heavy physical demands. There was no direct evidence that the plaintiff is at risk of losing his current employment, nor that he would have difficulty obtaining employment in the semi-skilled labour market. The actuarial report did not foresee any future loss of earnings. Accordingly, the claim for future...

Court Disposition

Plaintiff's claim for future loss of earnings is dismissed; defendant ordered to pay past loss of earnings and provide undertaking for future medical expenses.

Orders

  • Defendant shall pay to Plaintiff the amount of R98,400.00 in respect of past loss of earnings.
  • Defendant shall provide an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for the costs of future accommodation in a hospital or nursing home or treatment or services or goods supplied to the plaintiff after such costs have been incurred and upon proof thereof, relating to injuries sustained in the...