Ntsane v Road Accident Fund (1334/2013) [2019] ZAFSHC 177 (10 October 2019)

Ntsane v Road Accident Fund (1334/2013) [2019] ZAFSHC 177 (10 October 2019)

The court accepted the uncontested expert evidence regarding the plaintiff's injuries and incapacity for physical work. It found that the plaintiff could not return to his previous employment due to both his injuries and the closure of the mine. The court determined that the plaintiff's earning capacity was significantly diminished, and that he was unlikely to secure sedentary employment due to lack of qualifications and experience. The actuarial calculations, adjusted for the Wimpy income and appropriate contingency deductions, were accepted as reasonable. The court awarded compensation for past and future loss of earnings, general damages, and ordered the defendant to provide an...

Citation
[2019] ZAFSHC 177
Parties
Plaintiff: Mackenzie Ben Ntsane; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 October 2019
Case Number
1334/2013
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Plaintiff's claim for past and future loss of earnings and general damages is upheld. Defendant is ordered to pay the specified amounts and provide an undertaking for future medical expenses.
Judges
Voges
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Deductions

Case Brief

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Parties

Mackenzie Ben Ntsane

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 What is the appropriate quantum for past and future loss of earnings suffered by the plaintiff as a result of the accident.
  2. 2 Is the plaintiff entitled to general damages for pain and suffering, loss of amenities, disfigurement and disability.
  3. 3 Should the defendant provide an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court accepted the uncontested expert evidence regarding the plaintiff's injuries and incapacity for physical work. It found that the plaintiff could not return to his previous employment due to both his injuries and the closure of the mine. The court determined that the plaintiff's earning capacity was significantly diminished, and that he was unlikely to secure sedentary employment due to lack of qualifications and experience. The actuarial calculations, adjusted for the Wimpy income and appropriate contingency deductions, were accepted as reasonable. The court awarded compensation for past and future loss of earnings, general damages, and ordered the defendant to provide an...

Court Disposition

Plaintiff's claim for past and future loss of earnings and general damages is upheld. Defendant is ordered to pay the specified amounts and provide an undertaking for future medical expenses.

Orders

  • The defendant is ordered to pay the plaintiff R2,537,050.00, comprising R2,137,050.00 for past and future loss of income and R400,000.00 for general damages, within 30 days.
  • Should payment not be made within 30 days, the defendant will be liable for interest on the capital amount at 10.25%.