Nkosi v Road Accident Fund (08/25592) [2018] ZAGPPHC 597 (12 July 2018)

Parties

Procedural Posture

Civil Trial / Quantification of Damages for Past and Future Loss of Income and Earning Capacity

Legal Issues

1. 1 Whether the plaintiff proved his pre-accident income as a basis for quantifying past and future loss of earning capacity.
2. 2 Which expert model for quantifying damages should be accepted: the plaintiff's or the defendant's.
3. 3 What is the appropriate deduction for contingencies and apportionment.

Ratio Decidendi

The court found that the plaintiff failed to prove his actual pre-accident income due to unreliable financial statements, lack of supporting documentation, and inability to reconcile figures. The court accepted the joint minute of the industrial psychologists recommending a conservative approach based on a notional salaried sales representative outside the corporate sector. The defendant's expert model was preferred, given the plaintiff's informal business history and lack of formal qualifications. The court applied appropriate contingency deductions and apportionment, resulting in an award based on the defendant's quantification, with post-accident earning capacity deductions calculated...

Court Disposition

Plaintiff's claim for past and future loss of earning capacity is upheld in part, quantified on the defendant's expert model, with deductions for contingencies and apportionment.

Orders

• The defendant shall pay the sum of R1,434,510 to the plaintiff's attorneys in settlement of the plaintiff's claim for past loss of income and future loss of earning capacity, payable by direct transfer into their trust account.
• The defendant shall pay interest on the sum at the rate of 10% from the date of judgment to the date of payment.