Ramphokwane v Road Accident Fund (RAF343/2014) [2018] ZANWHC 35 (15 March 2018)

Ramphokwane v Road Accident Fund (RAF343/2014) [2018] ZANWHC 35 (15 March 2018)

The court found that the plaintiff was unemployable as a result of the accident and accepted the expert evidence that, on probabilities, he would have sought better paying employment and reached the Paterson B3 upper quartile earnings level. The court adopted the calculations of Munro Forensic Actuaries, applying appropriate contingency deductions to both past and future loss of earnings. The defendant was ordered to pay the agreed amounts for hospital and medical expenses and general damages, as well as the calculated amounts for past and future loss of earnings. The court further ordered the defendant to provide an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for future...

Citation
[2018] ZANWHC 35
Parties
Plaintiff: Joseph Thabo Ramphokwane; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
15 March 2018
Case Number
RAF343/2014
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for damages is upheld; defendant ordered to pay specified amounts for hospital and medical expenses, general damages, past and future loss of earnings, and costs.
Judges
R D Hendricks
Legal Topics
Road Accident Fund, Loss of Earnings, General Damages, Contingency Fees, Expert Evidence
Delict Civil Procedure Road Accident Fund Loss of Earnings General Damages Contingency Fees Expert Evidence

Case Brief

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Parties

Joseph Thabo Ramphokwane

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 What is the appropriate quantum for past and future loss of earnings suffered by the plaintiff as a result of the accident.
  2. 2 Should the calculation of future earnings be based on the plaintiff's pre-accident employment or on the upper quartile earnings for semi-skilled workers.
  3. 3 Is the plaintiff entitled to costs including those for senior counsel and expert reports.

Ratio Decidendi

The court found that the plaintiff was unemployable as a result of the accident and accepted the expert evidence that, on probabilities, he would have sought better paying employment and reached the Paterson B3 upper quartile earnings level. The court adopted the calculations of Munro Forensic Actuaries, applying appropriate contingency deductions to both past and future loss of earnings. The defendant was ordered to pay the agreed amounts for hospital and medical expenses and general damages, as well as the calculated amounts for past and future loss of earnings. The court further ordered the defendant to provide an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for future...

Court Disposition

Plaintiff's claim for damages is upheld; defendant ordered to pay specified amounts for hospital and medical expenses, general damages, past and future loss of earnings, and costs.

Orders

  • The defendant is ordered to pay the plaintiff R331,517.48 for past hospital and medical expenses.
  • The defendant is ordered to pay the plaintiff R500,000.00 for general damages.