S.N.M obo A.S.M v Road Accident Fund [2023] ZAGPPHC 448; 21179/2018 (31 May 2023)

S.N.M obo A.S.M v Road Accident Fund [2023] ZAGPPHC 448; 21179/2018 (31 May 2023)

The court found that the minor child suffered significant neurocognitive and behavioural impairments as a direct result of the accident, which have compromised his educational progress and future employability. Expert evidence established that, but for the accident, the child would likely have attained a National Certificate and entered the labour market as a semi-skilled worker, with prospects for career advancement. Post-accident, his earning potential is restricted to unskilled work with limited growth. The court accepted the actuarial calculation of future loss of earnings and determined that a 25% contingency deduction was appropriate given the child's age and the uncertainties...

Citation
[2023] ZAGPPHC 448
Parties
Plaintiff: S N M obo A S M; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 May 2023
Case Number
21179/2018
Procedural Posture
Civil Trial / Quantum Determination After Liability Settled
Outcome
Plaintiff's claim for loss of earnings is upheld; damages awarded as calculated with a 25% contingency deduction.
Judges
K Mogale
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund Act, Quantum of Damages
Delict Civil Procedure Loss of Earning Capacity Contingency Deductions Road Accident Fund Act Quantum of Damages

Case Brief

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Parties

S N M obo A S M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Settled

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earnings suffered by the minor child as a result of the accident.
  2. 2 What contingency deduction should be applied to the calculation of future loss of earnings.
  3. 3 What is the proper approach to the administration and payment of the awarded damages.

Ratio Decidendi

The court found that the minor child suffered significant neurocognitive and behavioural impairments as a direct result of the accident, which have compromised his educational progress and future employability. Expert evidence established that, but for the accident, the child would likely have attained a National Certificate and entered the labour market as a semi-skilled worker, with prospects for career advancement. Post-accident, his earning potential is restricted to unskilled work with limited growth. The court accepted the actuarial calculation of future loss of earnings and determined that a 25% contingency deduction was appropriate given the child's age and the uncertainties...

Court Disposition

Plaintiff's claim for loss of earnings is upheld; damages awarded as calculated with a 25% contingency deduction.

Orders

  • The defendant is liable to pay the plaintiff, S N M, in her representative capacity as biological mother and natural guardian of A S M, the sum of R5,794,050 in respect of loss of earnings.
  • The total amount will not bear interest unless payment is not made within 180 days, after which interest at 7.75% per annum will apply until payment.