Sidlabane v Road Accident Fund (2136/2017) [2019] ZAECPEHC 15 (26 March 2019)

Sidlabane v Road Accident Fund (2136/2017) [2019] ZAECPEHC 15 (26 March 2019)

The court found that the plaintiff suffered severe injuries resulting in permanent facial disfigurement, speech impairment, and psychological disorders, which significantly compromised her employability and earning capacity. Expert evidence established that she is unlikely to be competitive in the open labour market and will face long periods of unemployment. The actuarial report submitted by the plaintiff was accepted, as the defendant did not provide contrary actuarial evidence. The court held that the plaintiff is entitled to compensation for both past and future loss of income, calculated from 1 January 2017, and that no deduction should be made for income received prior to this date....

Citation
[2019] ZAECPEHC 15
Parties
Plaintiff: Samantha Sidlabane; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
26 March 2019
Case Number
2136/2017
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for past and future loss of income/earning capacity is upheld. Costs of two counsel awarded.
Judges
V M Nqumse
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Expert Evidence, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Expert Evidence Contingency Deductions

Case Brief

Summary, issues, holding and outcome

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Parties

Samantha Sidlabane

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for past and future loss of income and earning capacity as a result of injuries sustained in a motor vehicle accident.
  2. 2 Whether the costs of two counsel should be awarded to the plaintiff.

Ratio Decidendi

The court found that the plaintiff suffered severe injuries resulting in permanent facial disfigurement, speech impairment, and psychological disorders, which significantly compromised her employability and earning capacity. Expert evidence established that she is unlikely to be competitive in the open labour market and will face long periods of unemployment. The actuarial report submitted by the plaintiff was accepted, as the defendant did not provide contrary actuarial evidence. The court held that the plaintiff is entitled to compensation for both past and future loss of income, calculated from 1 January 2017, and that no deduction should be made for income received prior to this date....

Court Disposition

Plaintiff's claim for past and future loss of income/earning capacity is upheld. Costs of two counsel awarded.

Orders

  • The defendant is to pay the plaintiff R221,237.00 for loss of income/earning capacity.
  • The defendant is to pay the plaintiff R6,196,390.00 for future loss of income/earning capacity.