Strydom v Road Accident Fund (2011/4407) [2016] ZAGPPHC 828 (5 September 2016)

Strydom v Road Accident Fund (2011/4407) [2016] ZAGPPHC 828 (5 September 2016)

The court accepted the actuarial calculations agreed by the parties, but applied higher than standard contingencies to the plaintiff's pre-morbid earnings due to his age, employment status, reliance on bonuses, volatility in the mining sector, and pre-existing behavioural and health issues. For past loss of earnings, a 15% contingency was applied to pre-morbid income and 5% to post-morbid income; for future loss, 30% and 5% respectively. The court awarded R600,000 for general damages, referencing comparable case law and updating previous awards for inflation. The total award was R5,102,034.15, reduced by 50% due to the agreed apportionment of liability, resulting in a final judgment of...

Citation
[2016] ZAGPPHC 828
Parties
Plaintiff: STRYDOM, ADV J S, as Curator ad Litem for and on behalf of NHLENGETHWA: SAMKELO VUSI; Defendant: ROAD ACCIDENT FUND
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 September 2016
Case Number
2011/4407
Procedural Posture
Delictual Claim / Quantum Determination After Partial Settlement
Outcome
Judgment for the plaintiff. Defendant to pay R2,551,017.08, costs, and other relief as per the draft order.
Judges
Adams
Legal Topics
Road Accident Fund Act, Loss of Earnings, General Damages, Contingency Deductions, Trust Creation for Incapacitated Person
Delict Civil Procedure Road Accident Fund Act Loss of Earnings General Damages Contingency Deductions Trust Creation for Incapacitated Person

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Parties

STRYDOM, ADV J S, as Curator ad Litem for and on behalf of NHLENGETHWA: SAMKELO VUSI

Plaintiff

ROAD ACCIDENT FUND

Defendant

Procedural Posture

Delictual Claim / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 What is the appropriate quantum of general damages for the plaintiff's injuries?
  2. 2 What is the correct calculation for past and future loss of earnings, including contingencies?
  3. 3 Should a trust be established to administer the plaintiff's award due to incapacity?

Ratio Decidendi

The court accepted the actuarial calculations agreed by the parties, but applied higher than standard contingencies to the plaintiff's pre-morbid earnings due to his age, employment status, reliance on bonuses, volatility in the mining sector, and pre-existing behavioural and health issues. For past loss of earnings, a 15% contingency was applied to pre-morbid income and 5% to post-morbid income; for future loss, 30% and 5% respectively. The court awarded R600,000 for general damages, referencing comparable case law and updating previous awards for inflation. The total award was R5,102,034.15, reduced by 50% due to the agreed apportionment of liability, resulting in a final judgment of...

Court Disposition

Judgment for the plaintiff. Defendant to pay R2,551,017.08, costs, and other relief as per the draft order.

Orders

  • Defendant to pay R2,551,017.08 in delictual damages within 14 days to the plaintiff's attorneys' trust account.
  • Plaintiff's attorneys authorised to invest the amount in an interest-bearing account until a trust is established.