PZ v Road Accident Fund (18/5807) [2019] ZAGPJHC 344 (18 June 2019)

PZ v Road Accident Fund (18/5807) [2019] ZAGPJHC 344 (18 June 2019)

The court found that the plaintiff, as a result of the accident, suffered significant physical and psychological impairment, rendering him unable to return to his previous occupations and limiting him to sedentary work for which he has no experience. The court accepted the uncontested opinion of the plaintiff's educational psychologist that, but for the accident, the plaintiff would likely have obtained an NQF level 6 qualification and progressed in his career. The defendant's actuarial scenario one was disregarded as it was not based on the joint minute of experts. Applying the general guideline for contingencies and considering the plaintiff's circumstances, the court determined a 20%...

Citation
[2019] ZAGPJHC 344
Parties
Plaintiff: P Z; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 June 2019
Case Number
18/5807
Procedural Posture
Civil Action / Quantum Determination After Merits Settlement
Outcome
Plaintiff's claim for general damages and loss of earnings is upheld. Defendant is ordered to pay the capital amounts, furnish an undertaking for future medical expenses, and pay costs.
Judges
Dosio
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, General Damages, Actuarial Calculation
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Contingency Deductions General Damages Actuarial Calculation

Case Brief

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Parties

P Z

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Quantum Determination After Merits Settlement

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's claim for loss of earnings resulting from injuries sustained in a motor vehicle accident.
  2. 2 What contingency deductions should be applied to the calculation of past and future loss of earnings in both pre-morbid and post-morbid scenarios.
  3. 3 Is the plaintiff entitled to general damages and an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the plaintiff, as a result of the accident, suffered significant physical and psychological impairment, rendering him unable to return to his previous occupations and limiting him to sedentary work for which he has no experience. The court accepted the uncontested opinion of the plaintiff's educational psychologist that, but for the accident, the plaintiff would likely have obtained an NQF level 6 qualification and progressed in his career. The defendant's actuarial scenario one was disregarded as it was not based on the joint minute of experts. Applying the general guideline for contingencies and considering the plaintiff's circumstances, the court determined a 20%...

Court Disposition

Plaintiff's claim for general damages and loss of earnings is upheld. Defendant is ordered to pay the capital amounts, furnish an undertaking for future medical expenses, and pay costs.

Orders

  • The defendant is ordered to pay R400,000 in respect of general damages and R2,625,299.78 in respect of loss of earnings to the plaintiff, payable into the plaintiff's attorneys' trust account by 31 July 2019.
  • The defendant is ordered to furnish the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act, 56 of 1996, for future medical expenses arising from the injuries sustained, limited to 80%.