Q.M obo N v Road Accident Fund (47979/2018) [2020] ZAGPPHC 21 (21 February 2020)

Q.M obo N v Road Accident Fund (47979/2018) [2020] ZAGPPHC 21 (21 February 2020)

The court accepted the consensus of the experts regarding the minor's pre- and post-collision earning capacity, finding no sufficient basis to reject their reports. It held that a 30% contingency deduction was appropriate for both scenarios, given the minor's age and the general hazards of life. The true loss was calculated as the difference between the pre- and post-collision earnings after applying the contingency deduction. The court awarded the minor R4,874,989 for future loss of income and ordered the establishment of an inter vivos trust to protect the award.

Citation
[2020] ZAGPPHC 21
Parties
Plaintiff: Q.M obo N; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 February 2020
Case Number
47979/2018
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiff's claim for future loss of income is upheld; quantum awarded as calculated.
Judges
Millar
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund Act, Expert Evidence
Civil Procedure Delict Loss of Earning Capacity Contingency Deductions Road Accident Fund Act Expert Evidence

Case Brief

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Parties

Q.M obo N

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum for the minor's future loss of income resulting from the collision?
  2. 2 How should contingencies be applied to the pre- and post-collision earning scenarios?

Ratio Decidendi

The court accepted the consensus of the experts regarding the minor's pre- and post-collision earning capacity, finding no sufficient basis to reject their reports. It held that a 30% contingency deduction was appropriate for both scenarios, given the minor's age and the general hazards of life. The true loss was calculated as the difference between the pre- and post-collision earnings after applying the contingency deduction. The court awarded the minor R4,874,989 for future loss of income and ordered the establishment of an inter vivos trust to protect the award.

Court Disposition

Plaintiff's claim for future loss of income is upheld; quantum awarded as calculated.

Orders

  • The defendant is ordered to pay the plaintiff R4,874,989 for future loss of income.
  • An inter vivos trust shall be established to protect the minor's award.