Taljaard v Road Accident Fund (36464/2014) [2017] ZAGPPHC 35 (8 February 2017)

Taljaard v Road Accident Fund (36464/2014) [2017] ZAGPPHC 35 (8 February 2017)

The court accepted the joint minute of the industrial psychologists and the actuarial calculations as a fair and adequate basis for determining the plaintiff's damages. The plaintiff's injuries were severe and permanent, resulting in substantial loss of earnings and earning capacity. The agreed actuarial figures, adjusted for contingencies, were adopted. The defendant was ordered to pay the plaintiff a total amount of R2,746,400, comprising general damages and loss of earnings, and to provide an undertaking for future medical expenses. The claim for past medical expenses was separated and postponed sine die. Costs were awarded to the plaintiff on the High Court scale, including expert...

Citation
[2017] ZAGPPHC 35
Parties
Plaintiff: Bruce Bernard Taljaard; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 February 2017
Case Number
36464/2014
Procedural Posture
Delictual Claim / Final Judgment After Settlement of Other Heads; Determination of Loss of Earnings and Earning Capacity
Outcome
Plaintiff's claim for general damages and loss of earnings is granted; claim for past medical expenses is separated and postponed sine die.
Judges
Makgoka
Legal Topics
Road Accident Fund Act, Loss of Earnings, General Damages, Future Medical Expenses, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earnings General Damages Future Medical Expenses Contingency Deductions

Case Brief

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Parties

Bruce Bernard Taljaard

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Final Judgment After Settlement of Other Heads; Determination of Loss of Earnings and Earning Capacity

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's loss of earnings and earning capacity resulting from the motor vehicle accident.
  2. 2 Should the defendant be ordered to provide an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.
  3. 3 How should contingencies be applied to the actuarial calculations for the plaintiff's future loss of earnings.

Ratio Decidendi

The court accepted the joint minute of the industrial psychologists and the actuarial calculations as a fair and adequate basis for determining the plaintiff's damages. The plaintiff's injuries were severe and permanent, resulting in substantial loss of earnings and earning capacity. The agreed actuarial figures, adjusted for contingencies, were adopted. The defendant was ordered to pay the plaintiff a total amount of R2,746,400, comprising general damages and loss of earnings, and to provide an undertaking for future medical expenses. The claim for past medical expenses was separated and postponed sine die. Costs were awarded to the plaintiff on the High Court scale, including expert...

Court Disposition

Plaintiff's claim for general damages and loss of earnings is granted; claim for past medical expenses is separated and postponed sine die.

Orders

  • The defendant is ordered to pay the plaintiff R2,746,400, consisting of R800,000 for general damages and R1,946,400 for loss of earnings, by 15 February 2017 into the plaintiff's attorneys' trust account.
  • No interest is payable unless payment is not made by 15 February 2017, in which case interest at 10.5% per annum will accrue from the date of the order until final payment.