Ramasilo obo KC v Road Accident Fund (46601/2015) [2019] ZAGPPHC 541 (16 October 2019)

Ramasilo obo KC v Road Accident Fund (46601/2015) [2019] ZAGPPHC 541 (16 October 2019)

The court found that the plaintiff, a minor who suffered mild to moderate brain injury and permanent facial disfigurement as a result of a motor vehicle accident, is entitled to compensation for future loss of earnings. Expert evidence established that the plaintiff's employability is compromised and that he will likely only be able to perform manual or semi-skilled work. The court considered the arguments of both parties regarding the appropriate contingency deduction and, after reviewing the medical and actuarial evidence, determined that a 45% contingency is fair and reasonable. The total damages were calculated as the sum of future loss of earnings and general damages, apportioned...

Citation
[2019] ZAGPPHC 541
Parties
Plaintiff: ML Ramasilo obo KC; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 October 2019
Case Number
46601/2015
Procedural Posture
Civil Trial / Quantum Determination and Final Order
Outcome
Plaintiff's claim for damages is upheld. Defendant is ordered to pay the plaintiff the calculated amount in full and final settlement.
Judges
FMM Snyman
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deduction, General Damages, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Deduction General Damages Future Medical Expenses

Case Brief

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Parties

ML Ramasilo obo KC

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination and Final Order

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's future loss of earnings claim.
  2. 2 Does the plaintiff qualify for compensation under the narrative test for serious injury.
  3. 3 What is the total quantum of damages to be awarded to the plaintiff, considering the agreed apportionment of liability.

Ratio Decidendi

The court found that the plaintiff, a minor who suffered mild to moderate brain injury and permanent facial disfigurement as a result of a motor vehicle accident, is entitled to compensation for future loss of earnings. Expert evidence established that the plaintiff's employability is compromised and that he will likely only be able to perform manual or semi-skilled work. The court considered the arguments of both parties regarding the appropriate contingency deduction and, after reviewing the medical and actuarial evidence, determined that a 45% contingency is fair and reasonable. The total damages were calculated as the sum of future loss of earnings and general damages, apportioned...

Court Disposition

Plaintiff's claim for damages is upheld. Defendant is ordered to pay the plaintiff the calculated amount in full and final settlement.

Orders

  • The defendant is ordered to pay to the plaintiff an amount of R2,861,673.30 in respect of damages suffered by the plaintiff.
  • The draft order attached and marked 'X' is made an order of Court.