N.A.M obo S.M v Road Accident Fund (3172/2021) [2024] ZAFSHC 76 (8 March 2024)

N.A.M obo S.M v Road Accident Fund (3172/2021) [2024] ZAFSHC 76 (8 March 2024)

The court found that, on probabilities, the minor would have obtained a degree (NQF Level 7) and entered the open labour market at Paterson B4/B5/C1, reaching a career ceiling at Paterson C4/C5 by age 45, with inflationary increases thereafter. Post-accident, the minor is likely to attain only NQF Level 5 in the skills development sector and enter the labour market as an unskilled labourer at Paterson A3, progressing to B4 by age 40–45. The court rejected the plaintiff's contention that the minor is practically unemployable, accepting the defendant's view that she remains a vulnerable jobseeker but not unemployable. A contingency deduction of 10% for pre-accident and 50% for post-accident...

Citation
[2024] ZAFSHC 76
Parties
Plaintiff: N.A.M o.b.o S.M; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 March 2024
Case Number
3172/2021
Procedural Posture
Civil Trial / Judgment After Trial on Quantum (separation of Issues; Merits Conceded)
Outcome
The defendant is liable for 100% of the plaintiff's proven damages, with quantum to be determined by actuarial calculation based on the court's findings.
Judges
Van Zyl
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Contingency Deductions, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Loss of Earning Capacity Contingency Deductions Future Medical Expenses

Case Brief

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Parties

N.A.M o.b.o S.M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Quantum (separation of Issues; Merits Conceded)

Legal Issues

  1. 1 What is the appropriate quantum for the minor's loss of future earnings due to injuries sustained in the accident.
  2. 2 What contingency deductions should be applied to pre- and post-accident earning scenarios.
  3. 3 Is the minor employable in the open labour market post-accident, and if so, at what level.

Ratio Decidendi

The court found that, on probabilities, the minor would have obtained a degree (NQF Level 7) and entered the open labour market at Paterson B4/B5/C1, reaching a career ceiling at Paterson C4/C5 by age 45, with inflationary increases thereafter. Post-accident, the minor is likely to attain only NQF Level 5 in the skills development sector and enter the labour market as an unskilled labourer at Paterson A3, progressing to B4 by age 40–45. The court rejected the plaintiff's contention that the minor is practically unemployable, accepting the defendant's view that she remains a vulnerable jobseeker but not unemployable. A contingency deduction of 10% for pre-accident and 50% for post-accident...

Court Disposition

The defendant is liable for 100% of the plaintiff's proven damages, with quantum to be determined by actuarial calculation based on the court's findings.

Orders

  • The defendant shall pay 100% of the plaintiff's proven damages.
  • The defendant shall furnish an undertaking in terms of Section 17(4)(a) of Act 56 of 1996 for future medical and related expenses arising from the accident.