N.M.M obo R v Road Accident Fund (144/2017) [2023] ZAFSHC 121 (19 April 2023)

N.M.M obo R v Road Accident Fund (144/2017) [2023] ZAFSHC 121 (19 April 2023)

The court found, based on undisputed expert evidence, that the minor's injuries from the accident have negatively impacted her future earning capacity. While some experts opined that neurocognitive functions were unaffected, others concluded that the minor's scholastic performance and career prospects are likely to be compromised, necessitating employment in a light duty environment. The court accepted the actuarial calculation of R1,110,271.00 for future loss of income, applying appropriate contingencies and exercising its discretion to award what is fair and reasonable. The defendant presented no evidence to the contrary and conceded liability for proven damages. Accordingly, the court...

Citation
[2023] ZAFSHC 121
Parties
Plaintiff: NM M[...] obo R; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 April 2023
Case Number
144/2017
Procedural Posture
Civil Trial / Judgment After Hearing on Quantum (future Loss of Income)
Outcome
Plaintiff's claim for general damages and future loss of income is upheld; defendant ordered to pay specified amounts and provide statutory undertakings.
Judges
Mpama
Legal Topics
Road Accident Fund Act, Future Loss of Income, General Damages, Contingency Deductions, Expert Evidence, Quantification of Damages
Civil Procedure Delict Road Accident Fund Act Future Loss of Income General Damages Contingency Deductions Expert Evidence Quantification of Damages

Case Brief

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Parties

NM M[...] obo R

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Hearing on Quantum (future Loss of Income)

Legal Issues

  1. 1 Whether the minor's injuries sustained in the motor vehicle accident have resulted in future loss of income.
  2. 2 What is the fair and reasonable amount to be awarded for future loss of earnings.
  3. 3 Whether the plaintiff has discharged the onus of proof regarding the quantum of damages for future loss of income.

Ratio Decidendi

The court found, based on undisputed expert evidence, that the minor's injuries from the accident have negatively impacted her future earning capacity. While some experts opined that neurocognitive functions were unaffected, others concluded that the minor's scholastic performance and career prospects are likely to be compromised, necessitating employment in a light duty environment. The court accepted the actuarial calculation of R1,110,271.00 for future loss of income, applying appropriate contingencies and exercising its discretion to award what is fair and reasonable. The defendant presented no evidence to the contrary and conceded liability for proven damages. Accordingly, the court...

Court Disposition

Plaintiff's claim for general damages and future loss of income is upheld; defendant ordered to pay specified amounts and provide statutory undertakings.

Orders

  • The defendant shall pay to the plaintiff the amount of R650,000.00 in respect of general damages.
  • The defendant shall pay to the plaintiff the amount of R1,110,271.00 in relation to future loss of earnings.