Saai v Road Accident Fund (64634/2013) [2017] ZAGPPHC 478 (10 August 2017)

Saai v Road Accident Fund (64634/2013) [2017] ZAGPPHC 478 (10 August 2017)

The court found that the plaintiff's injuries significantly impaired her ability to perform the physical tasks required in her previous employment as a cashier, rendering her vulnerable in the competitive labour market. The court accepted the actuarial report provided by the plaintiff, which used R25 186 per annum as the basis for future earnings, and applied a higher contingency deduction to account for increased employment vulnerability, labour incapacity, and possible periods of unemployment. The court rejected the defendant's argument that the calculation should be based on the plaintiff's pre-accident salary of R12 600 per annum, finding that the actuarial figures provided a more...

Citation
[2017] ZAGPPHC 478
Parties
Plaintiff: MT Saai; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 August 2017
Case Number
64634/2013
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
The court awarded the plaintiff R129 190.00 for loss of income/earning potential and ordered the defendant to pay 100% of the plaintiff's proven or agreed damages, as well as party and party costs.
Judges
C Pretorious
Legal Topics
Road Accident Fund, Personal Injury, Loss of Earnings, Contingency Deduction, Actuarial Calculation
Delict Road Accident Fund Personal Injury Loss of Earnings Contingency Deduction Actuarial Calculation

Case Brief

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Parties

MT Saai

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 What is the appropriate amount to be awarded for the plaintiff's future loss of earnings resulting from injuries sustained in the motor vehicle accident.
  2. 2 What percentage should be applied for contingencies in calculating future loss of earnings.
  3. 3 Which salary basis should be used for the calculation of future loss of earnings.

Ratio Decidendi

The court found that the plaintiff's injuries significantly impaired her ability to perform the physical tasks required in her previous employment as a cashier, rendering her vulnerable in the competitive labour market. The court accepted the actuarial report provided by the plaintiff, which used R25 186 per annum as the basis for future earnings, and applied a higher contingency deduction to account for increased employment vulnerability, labour incapacity, and possible periods of unemployment. The court rejected the defendant's argument that the calculation should be based on the plaintiff's pre-accident salary of R12 600 per annum, finding that the actuarial figures provided a more...

Court Disposition

The court awarded the plaintiff R129 190.00 for loss of income/earning potential and ordered the defendant to pay 100% of the plaintiff's proven or agreed damages, as well as party and party costs.

Orders

  • The defendant is liable to pay 100% of the plaintiff's proven or agreed damages.
  • The defendant is to pay the plaintiff the sum of R129 190.00 in respect of loss of income/earning potential within 14 days of the order.