Ngomane N.O obo Ramantsoe v Road Accident Fund (2012/12440) [2014] ZAGPJHC 169 (13 May 2014)

Ngomane N.O obo Ramantsoe v Road Accident Fund (2012/12440) [2014] ZAGPJHC 169 (13 May 2014)

The court found that the plaintiff had not discharged the onus to prove that Thabo would have obtained tertiary education and thus the more favourable scenario for future loss of earnings was not accepted. The calculation was based on the scenario where Thabo would have entered the labour market two years after matriculating, without tertiary education. The court deducted 20% for contingencies and applied the agreed 90% apportionment. General damages were assessed at R950,000, with 90% payable. The total award was calculated as R2,519,208. The court made an order in terms of the draft order marked X.

Citation
[2014] ZAGPJHC 169
Parties
Plaintiff: Ngomane N.O. obo McDonald Thabo Ramantsoe; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 May 2014
Case Number
2012/12440
Procedural Posture
Civil Trial / Quantum Determination
Outcome
The plaintiff is awarded damages for general damages and future loss of earnings, apportioned at 90% as agreed.
Judges
Wright
Legal Topics
Road Accident Fund, General Damages, Future Loss of Earnings, Contingencies, Curator Ad Litem
Delict Civil Procedure Road Accident Fund General Damages Future Loss of Earnings Contingencies Curator Ad Litem

Case Brief

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Parties

Ngomane N.O. obo McDonald Thabo Ramantsoe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's injuries sustained in the motor vehicle accident.
  2. 2 What is the correct calculation for future loss of earnings, considering the plaintiff's pre- and post-accident scenarios and contingencies.
  3. 3 Should the more favourable scenario for the plaintiff regarding tertiary education be accepted for the calculation of future loss of earnings.

Ratio Decidendi

The court found that the plaintiff had not discharged the onus to prove that Thabo would have obtained tertiary education and thus the more favourable scenario for future loss of earnings was not accepted. The calculation was based on the scenario where Thabo would have entered the labour market two years after matriculating, without tertiary education. The court deducted 20% for contingencies and applied the agreed 90% apportionment. General damages were assessed at R950,000, with 90% payable. The total award was calculated as R2,519,208. The court made an order in terms of the draft order marked X.

Court Disposition

The plaintiff is awarded damages for general damages and future loss of earnings, apportioned at 90% as agreed.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R2,519,208 in respect of general damages and future loss of earnings, apportioned at 90%.
  • The order is made in terms of the draft order marked X.