Nhubunga v Road Accident Fund (1851/2021) [2022] ZAMPMBHC 47 (20 June 2022)

Nhubunga v Road Accident Fund (1851/2021) [2022] ZAMPMBHC 47 (20 June 2022)

The court found that the Plaintiff sustained fractures to the left tibia and fibula and scalp lacerations resulting in mild concussion, but did not prove that the right shoulder injury was caused by the collision. The expert evidence regarding the left leg injury indicated that, following removal of the intramedullary nail, the Plaintiff would not be precluded from competing in the open labour market. The neuropsychological sequelae, specifically headaches and mild cognitive deficits, were accepted as limiting the Plaintiff's academic and work potential. Due to lack of scholastic records and the exclusion of the right shoulder and left leg injuries from the quantum calculation, the court...

Citation
[2022] ZAMPMBHC 47
Parties
Plaintiff: Ganon Dzunisani Nhubunga; Defendant: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
20 June 2022
Case Number
1851/2021
Procedural Posture
Delictual Claim / Quantum Determination After Partial Settlement of Merits
Outcome
Plaintiff's claim for loss of earning capacity is upheld; damages awarded as calculated.
Judges
Mashile
Legal Topics
Loss of Earning Capacity, Motor Vehicle Accident, Quantum of Damages, Contingency Deductions
Delict Civil Procedure Loss of Earning Capacity Motor Vehicle Accident Quantum of Damages Contingency Deductions

Case Brief

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Parties

Ganon Dzunisani Nhubunga

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Quantum Determination After Partial Settlement of Merits

Legal Issues

  1. 1 Which injuries sustained by the Plaintiff are attributable to the motor vehicle collision and should be considered in assessing loss of earning capacity.
  2. 2 What is the appropriate quantum of damages for the Plaintiff's loss of earning capacity given the proven injuries and sequelae.

Ratio Decidendi

The court found that the Plaintiff sustained fractures to the left tibia and fibula and scalp lacerations resulting in mild concussion, but did not prove that the right shoulder injury was caused by the collision. The expert evidence regarding the left leg injury indicated that, following removal of the intramedullary nail, the Plaintiff would not be precluded from competing in the open labour market. The neuropsychological sequelae, specifically headaches and mild cognitive deficits, were accepted as limiting the Plaintiff's academic and work potential. Due to lack of scholastic records and the exclusion of the right shoulder and left leg injuries from the quantum calculation, the court...

Court Disposition

Plaintiff's claim for loss of earning capacity is upheld; damages awarded as calculated.

Orders

  • The Defendant is liable for payment of R1,095,065.00 to the Plaintiff.
  • Interest at the prescribed rate per annum on the aforesaid sum from 14 days after the date of judgment to date of payment.