Sekhukhune obo N N v Road Accident Fund (17339/14) [2019] ZAGPPHC 1055 (7 October 2019)

Sekhukhune obo N N v Road Accident Fund (17339/14) [2019] ZAGPPHC 1055 (7 October 2019)

The court found that the minor, as a result of the accident, suffered both physical and neurocognitive impairments that will significantly limit her future earning capacity. Expert evidence established that she will not be able to reach her pre-accident academic and career potential, and will be restricted to supported, routine, unskilled employment. The court accepted the joint minute of the industrial psychologists and the actuarial calculations, applying a 25% contingency deduction to pre-accident earnings and a 30% deduction post-accident. The quantum of damages was determined accordingly, and the defendant was ordered to pay the calculated amount, with further provisions for the...

Citation
[2019] ZAGPPHC 1055
Parties
Plaintiff: Adv. P.R. Sekhukhune obo N N; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 October 2019
Case Number
17339/14
Procedural Posture
Civil Trial / Quantum Determination After Liability Settled
Outcome
Plaintiff's claim for loss of future earning capacity upheld; quantum determined and orders granted as set out.
Judges
C.J. Collis
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund Act, Patrimonial Loss
Delict Civil Procedure Loss of Earning Capacity Contingency Deductions Road Accident Fund Act Patrimonial Loss

Case Brief

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Parties

Adv. P.R. Sekhukhune obo N N

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Settled

Legal Issues

  1. 1 Whether the minor has suffered a loss of earning capacity as a result of the accident.
  2. 2 What appropriate contingency deductions should be applied to the minor's pre- and post-accident earning potential.
  3. 3 Whether the evidence supports the quantum of damages claimed for future loss of earnings.

Ratio Decidendi

The court found that the minor, as a result of the accident, suffered both physical and neurocognitive impairments that will significantly limit her future earning capacity. Expert evidence established that she will not be able to reach her pre-accident academic and career potential, and will be restricted to supported, routine, unskilled employment. The court accepted the joint minute of the industrial psychologists and the actuarial calculations, applying a 25% contingency deduction to pre-accident earnings and a 30% deduction post-accident. The quantum of damages was determined accordingly, and the defendant was ordered to pay the calculated amount, with further provisions for the...

Court Disposition

Plaintiff's claim for loss of future earning capacity upheld; quantum determined and orders granted as set out.

Orders

  • The merits have been settled 100% in favour of the plaintiff.
  • The defendant shall pay the plaintiff the sum of R3,240,651.60 in respect of the minor's loss of future earning capacity by way of a lump sum payment on or before 7 November 2019.