Shuping v Road Accident Fund (3944/2022) [2024] ZAFSHC 174 (4 June 2024)

Shuping v Road Accident Fund (3944/2022) [2024] ZAFSHC 174 (4 June 2024)

The court accepted uncontested expert evidence that the plaintiff's injuries from the 2019 collision caused permanent physical impairment, rendering him unemployable. The plaintiff was 49 at the time of the accident and 53 at the time of calculation, with no qualifications or experience for sedentary work. The court found the sequelae of the 2019 accident to be the sole cause of his current condition and determined that no contingency deduction was warranted for future loss of earnings. The quantum for past loss of earnings was accepted as R240,492.99, and future loss of earnings as R848,013.00, with general damages settled at R600,000.00. The defendant was ordered to pay these amounts...

Citation
[2024] ZAFSHC 174
Parties
Plaintiff: Tshediso Joseph Shuping; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 June 2024
Case Number
3944/2022
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. The defendant is ordered to pay the plaintiff's proven damages and costs as set out in the order.
Judges
M.T. Jordaan
Legal Topics
Road Accident Fund Act, Loss of Earnings, General Damages, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Loss of Earnings General Damages Contingency Deduction

Case Brief

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Parties

Tshediso Joseph Shuping

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the injuries sustained by the plaintiff in the 2019 collision caused his permanent unemployability.
  2. 2 What is the appropriate quantum for past and future loss of earnings and general damages.
  3. 3 What contingency deduction, if any, should be applied to the future loss of earnings.

Ratio Decidendi

The court accepted uncontested expert evidence that the plaintiff's injuries from the 2019 collision caused permanent physical impairment, rendering him unemployable. The plaintiff was 49 at the time of the accident and 53 at the time of calculation, with no qualifications or experience for sedentary work. The court found the sequelae of the 2019 accident to be the sole cause of his current condition and determined that no contingency deduction was warranted for future loss of earnings. The quantum for past loss of earnings was accepted as R240,492.99, and future loss of earnings as R848,013.00, with general damages settled at R600,000.00. The defendant was ordered to pay these amounts...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay the plaintiff's proven damages and costs as set out in the order.

Orders

  • The merits are settled on the basis that the defendant accepted liability for payment of 100% of the plaintiff's proven or agreed damages.
  • The defendant shall, within fourteen (14) days, furnish the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for payment of 100% of the costs of future accommodation, treatment, or supply of goods arising from the injuries sustained in the 2019 collision.