Nel obo Moasi v Road Accident Fund (74582/14) [2017] ZAGPPHC 672 (12 October 2017)

Nel obo Moasi v Road Accident Fund (74582/14) [2017] ZAGPPHC 672 (12 October 2017)

The court found that the plaintiff suffered permanent impairment preventing him from competing on the open labour market, as agreed by both parties' industrial psychologists. The defendant's reliance on the Health Professions Council's finding of non-serious injury was misplaced, as it pertained only to general damages and not to loss of earnings. The contingencies applied in the plaintiff's actuarial report (20% for past loss and 30% for future loss) were accepted as reasonable and exceeded the norm, reflecting the plaintiff's increased risk of unemployment even absent the accident. The defendant provided no substantive reason to increase these contingencies further. The total amount for...

Citation
[2017] ZAGPPHC 672
Parties
Plaintiff: Advocate P Nel obo Moasi, KJ; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 October 2017
Case Number
74582/14
Procedural Posture
Delictual Claim / Quantum Determination After Partial Settlement
Outcome
Judgment granted in favour of the plaintiff for past and future loss of earnings, with apportionment applied. Trust to be established for management of award. Issue of general damages postponed sine die.
Judges
Brand
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, Curator Ad Litem, Trust Creation
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Contingency Deductions Curator Ad Litem Trust Creation

Case Brief

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Parties

Advocate P Nel obo Moasi, KJ

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for past and future loss of earnings resulting from injuries sustained in a motor vehicle accident.
  2. 2 What contingencies should be applied to the calculation of past and future loss of earnings.
  3. 3 Whether the creation of a trust for the management of the plaintiff's award is appropriate.

Ratio Decidendi

The court found that the plaintiff suffered permanent impairment preventing him from competing on the open labour market, as agreed by both parties' industrial psychologists. The defendant's reliance on the Health Professions Council's finding of non-serious injury was misplaced, as it pertained only to general damages and not to loss of earnings. The contingencies applied in the plaintiff's actuarial report (20% for past loss and 30% for future loss) were accepted as reasonable and exceeded the norm, reflecting the plaintiff's increased risk of unemployment even absent the accident. The defendant provided no substantive reason to increase these contingencies further. The total amount for...

Court Disposition

Judgment granted in favour of the plaintiff for past and future loss of earnings, with apportionment applied. Trust to be established for management of award. Issue of general damages postponed sine die.

Orders

  • The defendant shall pay R739,317.60 to the plaintiff's attorneys in settlement of the claim.
  • The defendant shall furnish an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act for 80% of future medical expenses.