P.E.M obo P.C.M v Road Accident Fund (4545/2019) [2025] ZAMPMBHC 49 (6 June 2025)

P.E.M obo P.C.M v Road Accident Fund (4545/2019) [2025] ZAMPMBHC 49 (6 June 2025)

The court found that the plaintiff failed to prove, on a balance of probabilities, that the minor child’s earning capacity was diminished as a result of the accident. The expert evidence did not establish a causal link between the accident and any reduction in scholastic or earning potential. School reports indicated consistent academic performance pre- and post-accident, and there was no objective evidence of deterioration or disability affecting future earnings. The court held that the minor child remains within the average intellectual functioning range, is employable, and will be able to perform skilled work until retirement. The actuarial calculations were based on unsupported...

Citation
[2025] ZAMPMBHC 49
Parties
Plaintiff: P.E.M obo P.C.M; Defendant: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
6 June 2025
Case Number
4545/2019
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff’s claim for future loss of earnings is dismissed. Defendant is liable for 100% of proven damages relating to the accident, excluding loss of earnings.
Judges
Moleleki AJ
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Expert Evidence, Quantification of Damages, Balance of Probabilities
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Expert Evidence Quantification of Damages Balance of Probabilities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

P.E.M obo P.C.M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the minor child suffered a reduction in earning capacity as a result of the accident.
  2. 2 Whether the plaintiff proved damages for future loss of earnings on a balance of probabilities.
  3. 3 Whether expert evidence supports the claim for diminished scholastic and earning potential.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that the minor child’s earning capacity was diminished as a result of the accident. The expert evidence did not establish a causal link between the accident and any reduction in scholastic or earning potential. School reports indicated consistent academic performance pre- and post-accident, and there was no objective evidence of deterioration or disability affecting future earnings. The court held that the minor child remains within the average intellectual functioning range, is employable, and will be able to perform skilled work until retirement. The actuarial calculations were based on unsupported...

Court Disposition

Plaintiff’s claim for future loss of earnings is dismissed. Defendant is liable for 100% of proven damages relating to the accident, excluding loss of earnings.

Orders

  • The defendant is liable for 100% of the plaintiff’s proven damages pertaining to the collision that occurred on 8 July 2019.
  • The plaintiff’s claim for loss of earnings is dismissed.