R.S v Road Accident Fund (5233/2023) [2025] ZAFSHC 68 (20 February 2025)

R.S v Road Accident Fund (5233/2023) [2025] ZAFSHC 68 (20 February 2025)

The court found that the defendant is liable for 100% of the plaintiff's proven or agreed damages arising from a motor vehicle accident in which the plaintiff, then a 12-year-old pedestrian, suffered severe traumatic brain injury, orthopaedic injuries, neurogenic bladder, and permanent disfigurement. Expert evidence established that the plaintiff is functionally unemployable and will not achieve independent living. The court accepted the actuarial calculation of loss of earnings, subject to a 20% contingency deduction, as fair and reasonable. The SASSA disability grant currently received by the plaintiff is not deductible from her damages, as it is paid pursuant to constitutional...

Citation
[2025] ZAFSHC 68
Parties
Plaintiff: R[...] S[...]; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 February 2025
Case Number
5233/2023
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for damages is upheld; defendant is liable for 100% of proven or agreed damages.
Judges
Van Zyl
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Earnings, General Damages, Contingency Deduction, Social Assistance Grant
Delict Civil Procedure Land and Property Road Accident Fund Act Quantum of Damages Loss of Earnings General Damages Contingency Deduction +1 more

Case Brief

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Parties

R[...] S[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant is liable for 100% of the plaintiff's proven or agreed damages.
  2. 2 Whether the SASSA disability grant should be deducted from the plaintiff's loss of earnings claim.
  3. 3 Determination of appropriate contingency deduction for loss of earnings.

Ratio Decidendi

The court found that the defendant is liable for 100% of the plaintiff's proven or agreed damages arising from a motor vehicle accident in which the plaintiff, then a 12-year-old pedestrian, suffered severe traumatic brain injury, orthopaedic injuries, neurogenic bladder, and permanent disfigurement. Expert evidence established that the plaintiff is functionally unemployable and will not achieve independent living. The court accepted the actuarial calculation of loss of earnings, subject to a 20% contingency deduction, as fair and reasonable. The SASSA disability grant currently received by the plaintiff is not deductible from her damages, as it is paid pursuant to constitutional...

Court Disposition

Plaintiff's claim for damages is upheld; defendant is liable for 100% of proven or agreed damages.

Orders

  • The defendant is liable to pay 100% of the plaintiff’s proven or agreed damages.
  • The defendant shall furnish the plaintiff within 180 days with an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act, 56 of 1996, to compensate the plaintiff for 100% of the costs of future accommodation, treatment, services, or goods arising from the injuries sustained in the motor vehicle...