S.W.G v Road Accident Fund (2114/2018) [2021] ZAECPEHC 24 (13 April 2021)

S.W.G v Road Accident Fund (2114/2018) [2021] ZAECPEHC 24 (13 April 2021)

The court accepted the uncontested expert evidence and joint minute between the industrial psychologists regarding the plaintiff's pre- and post-accident earnings. The actuarial report by Mr Loots, which incorporated normal contingency deductions of 5% for past loss and 15% for future loss, was accepted in full. The court found no reason to apply higher than normal contingencies, given the plaintiff's positive career trajectory, motivation, and marketable skills. The admitted quantum of past hospital and medical expenses was included in the total award. The draft order reflecting the total damages was made an order of court.

Citation
[2021] ZAECPEHC 24
Parties
Plaintiff: S[…] W[…] G[…]; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
13 April 2021
Case Number
2114/2018
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
The plaintiff's claim for damages was upheld and the draft order reflecting the total award was made an order of court.
Judges
M. S. Rugunanan
Legal Topics
Road Accident Fund Act, Quantum of Damages, Contingency Deductions, Expert Evidence, Loss of Earnings
Delict Civil Procedure Road Accident Fund Act Quantum of Damages Contingency Deductions Expert Evidence Loss of Earnings

Case Brief

Summary, issues, holding and outcome

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Parties

S[…] W[…] G[…]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 Whether the contingency deductions applied to the plaintiff's pre-accident earnings should be higher than normal.
  2. 2 Whether the actuarial calculation of the plaintiff's loss of earnings by Mr Loots should be accepted in full.
  3. 3 Whether the expert evidence and joint minute between industrial psychologists should be admitted without oral testimony.

Ratio Decidendi

The court accepted the uncontested expert evidence and joint minute between the industrial psychologists regarding the plaintiff's pre- and post-accident earnings. The actuarial report by Mr Loots, which incorporated normal contingency deductions of 5% for past loss and 15% for future loss, was accepted in full. The court found no reason to apply higher than normal contingencies, given the plaintiff's positive career trajectory, motivation, and marketable skills. The admitted quantum of past hospital and medical expenses was included in the total award. The draft order reflecting the total damages was made an order of court.

Court Disposition

The plaintiff's claim for damages was upheld and the draft order reflecting the total award was made an order of court.

Orders

  • The defendant is ordered to pay the plaintiff the total sum of R9 773 679.81, comprising admitted past hospital expenses of R344 831.53, admitted past medical expenses of R166 941.28, and contingency-adjusted amounts for loss of earnings.
  • The defendant is to provide an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act.