R.S.M v Road Accident Fund (10405/2018) [2021] ZAGPPHC 275 (25 April 2021)

R.S.M v Road Accident Fund (10405/2018) [2021] ZAGPPHC 275 (25 April 2021)

The court found that the plaintiff suffered severe injuries, including an above-knee amputation, multiple fractures, and permanent disability, with a whole person impairment score of 67%. The court considered the usual factors of age, gender, and occupation, and determined that R900,000 was adequate compensation for general damages. The court accepted that the plaintiff qualifies for general damages under the narrative test due to the loss of a limb. Advocate Matika's submissions distinguished the present case from Msiza v RAF, noting that the impairment scores and injuries were more serious. The court acknowledged the practical difficulties in accessing medical services due to delayed...

Citation
[2021] ZAGPPHC 275
Parties
Plaintiff: RS M[….]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 April 2021
Case Number
10405/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order for General Damages
Outcome
Leave to appeal to the Full Bench is granted.
Judges
Mahomed
Legal Topics
General Damages, Leave to Appeal, Personal Injury, Whole Person Impairment, Once and for All Rule
Civil Procedure Delict General Damages Leave to Appeal Personal Injury Whole Person Impairment Once and for All Rule

Case Brief

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Parties

RS M[….]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order for General Damages

Legal Issues

  1. 1 Whether leave to appeal should be granted against the order for general damages.
  2. 2 Whether the amount awarded for general damages was fair and reasonable given the severity of the injuries.
  3. 3 Whether comparative case law and impairment scores justify a higher award for general damages.

Ratio Decidendi

The court found that the plaintiff suffered severe injuries, including an above-knee amputation, multiple fractures, and permanent disability, with a whole person impairment score of 67%. The court considered the usual factors of age, gender, and occupation, and determined that R900,000 was adequate compensation for general damages. The court accepted that the plaintiff qualifies for general damages under the narrative test due to the loss of a limb. Advocate Matika's submissions distinguished the present case from Msiza v RAF, noting that the impairment scores and injuries were more serious. The court acknowledged the practical difficulties in accessing medical services due to delayed...

Court Disposition

Leave to appeal to the Full Bench is granted.

Orders

  • Leave to appeal is granted to the Full Bench.
  • Costs to be costs in the cause.