PM v Road Accident Fund (2581/2017) [2019] ZAFSHC 170 (19 September 2019)

PM v Road Accident Fund (2581/2017) [2019] ZAFSHC 170 (19 September 2019)

The court found, based on uncontested expert evidence and its own observations, that the plaintiff suffered severe physical and cognitive impairments as a result of the accident, rendering him unemployable as a cost accountant and unlikely to secure alternative employment. The actuarial calculations, including a 35% contingency deduction for future loss of income and 5% for past loss, were accepted as reasonable. The court awarded general damages of R650,000, considering the pain, suffering, and emotional trauma experienced by the plaintiff. The court declined to order the protection of the award in a trust, finding no evidence that the plaintiff was incapable of managing his affairs. The...

Citation
[2019] ZAFSHC 170
Parties
Plaintiff: P M; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 September 2019
Case Number
2581/2017
Procedural Posture
Civil Trial / Quantum Determination After Separation of Merits and Quantum
Outcome
Plaintiff's claim for damages is upheld; quantum determined as per actuarial and judicial findings.
Judges
Loubser
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Earning Capacity, General Damages, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Quantum of Damages Loss of Earning Capacity General Damages Contingency Deductions

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

P M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Separation of Merits and Quantum

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries sustained in the motor vehicle accident.
  2. 2 Is the plaintiff entitled to compensation for past and future loss of income, general damages, and future medical expenses.
  3. 3 Should the damages awarded be protected in a trust due to the plaintiff's mental impairment.

Ratio Decidendi

The court found, based on uncontested expert evidence and its own observations, that the plaintiff suffered severe physical and cognitive impairments as a result of the accident, rendering him unemployable as a cost accountant and unlikely to secure alternative employment. The actuarial calculations, including a 35% contingency deduction for future loss of income and 5% for past loss, were accepted as reasonable. The court awarded general damages of R650,000, considering the pain, suffering, and emotional trauma experienced by the plaintiff. The court declined to order the protection of the award in a trust, finding no evidence that the plaintiff was incapable of managing his affairs. The...

Court Disposition

Plaintiff's claim for damages is upheld; quantum determined as per actuarial and judicial findings.

Orders

  • The Draft Order attached as 'X', as amended, is made an Order of Court.
  • Defendant is ordered to pay the plaintiff the determined damages for past and future loss of income, general damages, and future medical expenses, subject to the RAF cap and contingency deductions.