R.G v Road Accident Fund (67408/2012) [2017] ZAGPPHC 422 (1 March 2017)

R.G v Road Accident Fund (67408/2012) [2017] ZAGPPHC 422 (1 March 2017)

The court found that the plaintiff fraudulently obtained her sheltered employment and that earnings from such employment cannot be considered in quantifying damages due to public policy. The plaintiff failed to provide credible documentary evidence of her alleged self-employment businesses and income, and her testimony was riddled with inconsistencies and contradictions. The court applied a 40% contingency deduction to the alleged self-employment earnings due to uncertainty and unreliability. The plaintiff's injuries were assessed as mild head injury with some cognitive and physical sequelae, but not as severe as claimed. The court awarded general damages based on comparable cases and the...

Citation
[2017] ZAGPPHC 422
Parties
Plaintiff: R G; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 March 2017
Case Number
67408/2012
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff partially succeeds; damages awarded with significant deductions and public policy exclusions.
Judges
Khumalo
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earnings, General Damages, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Earnings General Damages Contingency Deduction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

R G

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff suffered compensable damages as a result of the motor vehicle accident.
  2. 2 Whether the plaintiff's claim for loss of earnings is supported by credible evidence.
  3. 3 Whether earnings from unlawfully obtained employment can be considered in quantifying damages.

Ratio Decidendi

The court found that the plaintiff fraudulently obtained her sheltered employment and that earnings from such employment cannot be considered in quantifying damages due to public policy. The plaintiff failed to provide credible documentary evidence of her alleged self-employment businesses and income, and her testimony was riddled with inconsistencies and contradictions. The court applied a 40% contingency deduction to the alleged self-employment earnings due to uncertainty and unreliability. The plaintiff's injuries were assessed as mild head injury with some cognitive and physical sequelae, but not as severe as claimed. The court awarded general damages based on comparable cases and the...

Court Disposition

Plaintiff partially succeeds; damages awarded with significant deductions and public policy exclusions.

Orders

  • The defendant shall pay the plaintiff damages in the total amount of R739,948.10 within 14 days of the order, with interest at 9% per annum from date of order to date of payment.
  • The defendant shall furnish the plaintiff with an undertaking in terms of s 17(4)(a) of the Road Accident Fund Act for 100% of future medical treatment and related expenses for injuries sustained in the accident.