Mzize v RAF (2015/96222) [2018] ZAGPPHC 362 (21 May 2018)

Mzize v RAF (2015/96222) [2018] ZAGPPHC 362 (21 May 2018)

The court found that the plaintiff was employed as a domestic worker earning R1,500 per month at the time of the accident and that her employment was terminated due to her injuries. The defendant failed to provide any evidence or expert reports to challenge the plaintiff's claim or the actuarial calculations presented. The court accepted the plaintiff's uncontested evidence and actuarial report, which applied standard contingencies for past and future loss of earnings. The calculation was deemed fair and just in the circumstances, and the plaintiff was awarded compensation for loss of earnings as claimed.

Citation
[2018] ZAGPPHC 362
Parties
Plaintiff: Mzize, Nobongiso; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 May 2018
Case Number
2015/96222
Procedural Posture
Delictual Action / Quantum Determination After Settlement of Merits
Outcome
Plaintiff's claim for loss of earnings is upheld. Judgment is granted in favour of the plaintiff.
Judges
Mokose, Ledwaba
Legal Topics
Loss of Earnings, Contingencies, Actuarial Assessment, Road Accident Fund, Quantification of Damages
Delict Civil Procedure Loss of Earnings Contingencies Actuarial Assessment Road Accident Fund Quantification of Damages

Case Brief

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Parties

Mzize, Nobongiso

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Action / Quantum Determination After Settlement of Merits

Legal Issues

  1. 1 Whether the plaintiff was employed at the time of the accident and the nature of her employment.
  2. 2 Whether the plaintiff is entitled to compensation for loss of earnings as a result of injuries sustained in the accident.
  3. 3 How the quantum of damages for loss of earnings should be calculated in the absence of opposing expert evidence.

Ratio Decidendi

The court found that the plaintiff was employed as a domestic worker earning R1,500 per month at the time of the accident and that her employment was terminated due to her injuries. The defendant failed to provide any evidence or expert reports to challenge the plaintiff's claim or the actuarial calculations presented. The court accepted the plaintiff's uncontested evidence and actuarial report, which applied standard contingencies for past and future loss of earnings. The calculation was deemed fair and just in the circumstances, and the plaintiff was awarded compensation for loss of earnings as claimed.

Court Disposition

Plaintiff's claim for loss of earnings is upheld. Judgment is granted in favour of the plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff R1,188,861.30 in respect of loss of earnings, payable to the trust account of Kotlolo Attorneys.
  • The defendant is ordered to pay the plaintiff's taxed or agreed costs of suit on a High Court party-and-party scale, including costs for counsel, expert witnesses, trial bundles, and necessary travel and accommodation expenses.