Pretorius v Road Accident Fund (80333/2015) [2019] ZAGPPHC 17 (4 February 2019)

Pretorius v Road Accident Fund (80333/2015) [2019] ZAGPPHC 17 (4 February 2019)

The court found that both scenarios regarding the plaintiff's future earning capacity were equally probable, given the closure of the mine and the plaintiff's injuries. Recognizing the imponderables and the fact that the plaintiff would suffer a loss of income regardless, the court determined that a fair award would be the median between the two calculated scenarios. The court accepted the actuarial calculations and contingency deductions agreed upon by the parties and awarded the plaintiff R2,422,352.00 as compensation for loss of income.

Citation
[2019] ZAGPPHC 17
Parties
Plaintiff: Andries Pretorius; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 February 2019
Case Number
80333/2015
Procedural Posture
Civil Trial / Quantum Determination
Outcome
The plaintiff was awarded damages for loss of income in the amount of R2,422,352.00.
Judges
A Millar
Legal Topics
Loss of Income, Personal Injury, Quantum of Damages, Contingency Deductions
Delict Loss of Income Personal Injury Quantum of Damages Contingency Deductions

Case Brief

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Parties

Andries Pretorius

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's loss of income resulting from injuries sustained in a motor collision.
  2. 2 Which of the two scenarios regarding the plaintiff's future earning capacity is more probable.
  3. 3 What contingency deductions should be applied to the calculation of damages.

Ratio Decidendi

The court found that both scenarios regarding the plaintiff's future earning capacity were equally probable, given the closure of the mine and the plaintiff's injuries. Recognizing the imponderables and the fact that the plaintiff would suffer a loss of income regardless, the court determined that a fair award would be the median between the two calculated scenarios. The court accepted the actuarial calculations and contingency deductions agreed upon by the parties and awarded the plaintiff R2,422,352.00 as compensation for loss of income.

Court Disposition

The plaintiff was awarded damages for loss of income in the amount of R2,422,352.00.

Orders

  • The defendant is ordered to pay the plaintiff R2,422,352.00 as compensation for loss of income.
  • The draft order marked 'X', as amended in paragraph 3, is made an order of court.