Semela v Road Accident Fund (2584/2019) [2021] ZAFSHC 209 (8 September 2021)

Semela v Road Accident Fund (2584/2019) [2021] ZAFSHC 209 (8 September 2021)

The court found that the plaintiff's injuries, particularly to her left knee, have had a minimal impact on her permanent employment at the Municipality, which is largely administrative. The expert evidence suggesting early retirement at age sixty was not supported by cogent reasoning, especially as the neck injury had healed and the plaintiff had adapted her gym instruction methods. The court was not satisfied that early retirement at sixty was justified, but accepted that retirement at sixty-two was reasonable. The actuarial calculation was adjusted accordingly, and a contingency percentage of twenty percent was deemed fair given the plaintiff's ability to continue working with...

Citation
[2021] ZAFSHC 209
Parties
Plaintiff: Kenosi Rowina Semela; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 September 2021
Case Number
2584/2019
Procedural Posture
Civil Trial / Damages Assessment After Liability Settled
Outcome
Plaintiff's claim for past and future loss of income is upheld. General damages postponed sine die. Defendant ordered to pay damages and costs as specified.
Judges
Mathebula
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Expert Evidence, Quantification of Damages
Delict Road Accident Fund Act Loss of Earning Capacity Expert Evidence Quantification of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Kenosi Rowina Semela

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Damages Assessment After Liability Settled

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for past and future loss of income resulting from injuries sustained in a motor vehicle accident.
  2. 2 Whether early retirement at age sixty (60) or sixty-two (62) years is justified based on the medical evidence.
  3. 3 What contingency percentage should be applied to the actuarial calculation of future loss of earnings.

Ratio Decidendi

The court found that the plaintiff's injuries, particularly to her left knee, have had a minimal impact on her permanent employment at the Municipality, which is largely administrative. The expert evidence suggesting early retirement at age sixty was not supported by cogent reasoning, especially as the neck injury had healed and the plaintiff had adapted her gym instruction methods. The court was not satisfied that early retirement at sixty was justified, but accepted that retirement at sixty-two was reasonable. The actuarial calculation was adjusted accordingly, and a contingency percentage of twenty percent was deemed fair given the plaintiff's ability to continue working with...

Court Disposition

Plaintiff's claim for past and future loss of income is upheld. General damages postponed sine die. Defendant ordered to pay damages and costs as specified.

Orders

  • Adjudication of general damages is postponed sine die.
  • Defendant to file Notice of Rejection of Serious Injury (if any) within ten business days from date of order.