Ndzimakhwe v Road Accident Fund (44430/2017) [2024] ZAGPPHC 424 (9 May 2024)

Ndzimakhwe v Road Accident Fund (44430/2017) [2024] ZAGPPHC 424 (9 May 2024)

The plaintiff established, through uncontested evidence and expert reports, that she suffered significant orthopaedic, neurological, and psychological injuries in the motor vehicle collision, rendering her unemployable. The only plausible career path, given her educational history and abilities, was at Paterson Level A3/B1. The actuarial calculation of total loss of earnings at this level amounted to R 3 175 700,00. Applying a 25% contingency deduction, the court awarded R 2 381 775,00 for loss of income. The plaintiff is also entitled to an undertaking for future medical treatment under section 17(4)(a) of the Road Accident Fund Act. The defendant is 100% liable for proven damages, with...

Citation
[2024] ZAGPPHC 424
Parties
Plaintiff: Bulelwa Ndzimakhwe; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 May 2024
Case Number
44430/2017
Procedural Posture
Civil Trial / Default Judgment on Merits and Quantum
Outcome
Plaintiff's claim for loss of income and future medical expenses succeeds; defendant held 100% liable.
Judges
N Janse Van Nieuwenhuizen
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earning Capacity, Future Medical Expenses, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Earning Capacity Future Medical Expenses Contingency Deduction

Case Brief

Summary, issues, holding and outcome

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Parties

Bulelwa Ndzimakhwe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Default Judgment on Merits and Quantum

Legal Issues

  1. 1 Whether the defendant is liable for the plaintiff's damages arising from the motor vehicle collision.
  2. 2 What is the appropriate quantum for loss of income and future medical expenses.
  3. 3 Whether the plaintiff is entitled to an undertaking for future medical treatment under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The plaintiff established, through uncontested evidence and expert reports, that she suffered significant orthopaedic, neurological, and psychological injuries in the motor vehicle collision, rendering her unemployable. The only plausible career path, given her educational history and abilities, was at Paterson Level A3/B1. The actuarial calculation of total loss of earnings at this level amounted to R 3 175 700,00. Applying a 25% contingency deduction, the court awarded R 2 381 775,00 for loss of income. The plaintiff is also entitled to an undertaking for future medical treatment under section 17(4)(a) of the Road Accident Fund Act. The defendant is 100% liable for proven damages, with...

Court Disposition

Plaintiff's claim for loss of income and future medical expenses succeeds; defendant held 100% liable.

Orders

  • The defendant is 100% liable for the plaintiff's proven damages.
  • The defendant must pay R 2 381 775,00 to the plaintiff for loss of income.