Selogilwe v Road Accident Fund (RAF 131/2019) [2024] ZANWHC 161 (6 June 2024)

Selogilwe v Road Accident Fund (RAF 131/2019) [2024] ZANWHC 161 (6 June 2024)

The court found that the plaintiff sustained serious injuries affecting her ability to compete fairly in the open labour market. The only expert evidence before the court was that of the plaintiff, which established her physical limitations and reduced earning capacity. The court accepted the actuarial scenario where the plaintiff did not pursue tertiary education, applying contingencies of 20% on pre-morbid earnings and 25% on future income. The total loss of earnings was determined to be R1,908,646. The defendant is liable for this amount, interest thereon, and costs on scale B.

Citation
[2024] ZANWHC 161
Parties
Plaintiff: Selogilwe Kamogolo Grace; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
6 June 2024
Case Number
RAF 131/2019
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for loss of earnings is upheld. Defendant is ordered to pay R1,908,646, interest at 11.75% from date of judgment to date of payment, and costs on scale B.
Judges
J T Djaje
Legal Topics
Road Accident Fund Act, Loss of Earnings, Assessment of Damages, Contingencies, Expert Evidence
Delict Road Accident Fund Act Loss of Earnings Assessment of Damages Contingencies Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Selogilwe Kamogolo Grace

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for loss of earnings resulting from injuries sustained in a motor vehicle accident.
  2. 2 What is the appropriate quantum for loss of earnings, considering the plaintiff's post-accident limitations and employment prospects.
  3. 3 What contingencies should be applied in calculating the plaintiff's loss of earnings.

Ratio Decidendi

The court found that the plaintiff sustained serious injuries affecting her ability to compete fairly in the open labour market. The only expert evidence before the court was that of the plaintiff, which established her physical limitations and reduced earning capacity. The court accepted the actuarial scenario where the plaintiff did not pursue tertiary education, applying contingencies of 20% on pre-morbid earnings and 25% on future income. The total loss of earnings was determined to be R1,908,646. The defendant is liable for this amount, interest thereon, and costs on scale B.

Court Disposition

Plaintiff's claim for loss of earnings is upheld. Defendant is ordered to pay R1,908,646, interest at 11.75% from date of judgment to date of payment, and costs on scale B.

Orders

  • Defendant to pay R1,908,646 to the plaintiff in settlement of the claim for loss of earnings.
  • Defendant to pay interest at 11.75% from date of judgment to date of payment.