Rachwall v Road Accident Fund (15741/2015) [2016] ZAGPPHC 481 (21 June 2016)

Rachwall v Road Accident Fund (15741/2015) [2016] ZAGPPHC 481 (21 June 2016)

The court found that the plaintiff would have eventually completed her M+4 qualification, but not within the envisaged four years. A period of five years was allowed for completion, considering her academic record and personal circumstances. The court held that a 20% contingency deduction for future loss of income was appropriate, rather than the 15% proposed by the plaintiff, due to uncertainties regarding her academic progress and employment prospects. The court accepted the uncontested 5% contingency for past loss of income. The total amount awarded comprised past loss of income of R379,885.00 and future loss of income of R2,308,255.00, resulting in a total award of R2,688,140.00.

Citation
[2016] ZAGPPHC 481
Parties
Plaintiff: Coenraad Amine Rachwall; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 June 2016
Case Number
15741/2015
Procedural Posture
Civil Trial / Quantum of Damages After Liability Admitted
Outcome
Plaintiff's claim for loss of earnings succeeds.
Judges
TS Madima
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, Actuarial Calculation
Delict Road Accident Fund Act Loss of Earnings Contingency Deductions Actuarial Calculation

Case Brief

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Parties

Coenraad Amine Rachwall

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages After Liability Admitted

Legal Issues

  1. 1 Whether the plaintiff would have completed her M+4 qualification and worked until age 65 but for the accident.
  2. 2 What contingency deductions are appropriate for past and future loss of earnings.
  3. 3 How to calculate the quantum of damages for loss of earnings in light of the plaintiff's academic and employment prospects.

Ratio Decidendi

The court found that the plaintiff would have eventually completed her M+4 qualification, but not within the envisaged four years. A period of five years was allowed for completion, considering her academic record and personal circumstances. The court held that a 20% contingency deduction for future loss of income was appropriate, rather than the 15% proposed by the plaintiff, due to uncertainties regarding her academic progress and employment prospects. The court accepted the uncontested 5% contingency for past loss of income. The total amount awarded comprised past loss of income of R379,885.00 and future loss of income of R2,308,255.00, resulting in a total award of R2,688,140.00.

Court Disposition

Plaintiff's claim for loss of earnings succeeds.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R2,688,140.00.
  • The defendant is ordered to pay the costs of the action, including the preparation and reservation fees of the plaintiff's experts.