Tau v Road Accident Fund (5212/2014) [2019] ZAFSHC 43 (25 April 2019)

Tau v Road Accident Fund (5212/2014) [2019] ZAFSHC 43 (25 April 2019)

The court found that the plaintiff's injuries sustained in the motor vehicle accident significantly impaired his ability to perform his previous work as a section overseer in the mining sector. Expert evidence was uncontested and established that the plaintiff lost earning capacity and work benefits, and would likely only be able to perform sedentary work outside the mining sector. The court accepted the actuarial calculations, applied appropriate contingency deductions and the statutory RAF cap, and determined the quantum of damages for past and future loss of income, as well as medical expenses. The defendant is liable for payment of the apportioned damages as proven.

Citation
[2019] ZAFSHC 43
Parties
Plaintiff: Ramasimang Alfred Tau; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 April 2019
Case Number
5212/2014
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Judgment for the plaintiff. Defendant is ordered to pay the plaintiff the specified amounts for past and future loss of income and medical expenses, together with costs.
Judges
Morobane
Legal Topics
Road Accident Fund Act, Loss of Earnings, Quantum of Damages, Expert Evidence, Contingency Deductions
Civil Procedure Delict Road Accident Fund Act Loss of Earnings Quantum of Damages Expert Evidence Contingency Deductions

Case Brief

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Parties

Ramasimang Alfred Tau

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's past and future loss of income resulting from injuries sustained in the motor vehicle accident.
  2. 2 Should contingency deductions and statutory caps be applied to the calculation of damages.
  3. 3 Is the defendant liable for the plaintiff's proven damages as apportioned.

Ratio Decidendi

The court found that the plaintiff's injuries sustained in the motor vehicle accident significantly impaired his ability to perform his previous work as a section overseer in the mining sector. Expert evidence was uncontested and established that the plaintiff lost earning capacity and work benefits, and would likely only be able to perform sedentary work outside the mining sector. The court accepted the actuarial calculations, applied appropriate contingency deductions and the statutory RAF cap, and determined the quantum of damages for past and future loss of income, as well as medical expenses. The defendant is liable for payment of the apportioned damages as proven.

Court Disposition

Judgment for the plaintiff. Defendant is ordered to pay the plaintiff the specified amounts for past and future loss of income and medical expenses, together with costs.

Orders

  • Defendant is liable for payment to the plaintiff in the amount of R4,507,071.42 in full and final settlement.
  • Payment includes R896,500.00 for past loss of income, R3,556,900.00 for future loss of income, and R53,671.42 for past medical and hospital expenses.