Tibane obo Tibane v Road Accident Fund (RAF164/2014) [2016] ZANWHC 42 (30 June 2016)

Tibane obo Tibane v Road Accident Fund (RAF164/2014) [2016] ZANWHC 42 (30 June 2016)

The court rejected the plaintiff's reliance on the Taxi Association's average daily takings due to the lack of documentary support and the failure to produce the patient's business books. Instead, the court accepted the figures reported by the plaintiff to the industrial psychologist, which were corroborated by the actuary's approach. The court found it more probable that the patient would have expanded his business to an average of seven taxis, rather than the projected ten. The quantum for future loss of income was calculated based on a net daily income per taxi of R434, an average of seven taxis, a life expectancy of 17.5 years, a general contingency deduction of 15%, capitalization at...

Citation
[2016] ZANWHC 42
Parties
Plaintiff: Godfrey Tibane (on behalf of Jouberlie Tibane); Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 June 2016
Case Number
RAF164/2014
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiff's claim for future loss of income is upheld; damages awarded as calculated.
Judges
A A Landman
Legal Topics
Road Accident Fund Act, Future Loss of Income, Quantum of Damages, Contingency Deductions
Civil Procedure Delict Road Accident Fund Act Future Loss of Income Quantum of Damages Contingency Deductions

Case Brief

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Parties

Godfrey Tibane (on behalf of Jouberlie Tibane)

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate basis for calculating the patient's future loss of income resulting from the motor collision.
  2. 2 Should the average daily takings provided by the Taxi Association or the plaintiff's reported figures be used to determine the quantum.
  3. 3 Is the plaintiff entitled to damages for future loss of income based on the projected expansion of the taxi business.

Ratio Decidendi

The court rejected the plaintiff's reliance on the Taxi Association's average daily takings due to the lack of documentary support and the failure to produce the patient's business books. Instead, the court accepted the figures reported by the plaintiff to the industrial psychologist, which were corroborated by the actuary's approach. The court found it more probable that the patient would have expanded his business to an average of seven taxis, rather than the projected ten. The quantum for future loss of income was calculated based on a net daily income per taxi of R434, an average of seven taxis, a life expectancy of 17.5 years, a general contingency deduction of 15%, capitalization at...

Court Disposition

Plaintiff's claim for future loss of income is upheld; damages awarded as calculated.

Orders

  • The defendant is to pay R181,276.85 for past medical expenses.
  • The defendant is to pay R4,684,388 for future loss of income.