Tladi v Road Accident Fund (133125/2023) [2025] ZAGPJHC 299 (27 February 2025)

Tladi v Road Accident Fund (133125/2023) [2025] ZAGPJHC 299 (27 February 2025)

The court found the plaintiff's version of the accident to be both probable and acceptable, supported by photographs and a clarified sketch. There was no evidence to contradict the plaintiff's account. The defendant is therefore liable for 100% of the damages substantiated by the plaintiff. The court accepted the actuarial calculation for past and future loss of income, applying appropriate contingency deductions. General damages were determined by reference to comparable case law and quantum guides, resulting in an award of R850,000. The plaintiff is also entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act. Costs are awarded on a...

Citation
[2025] ZAGPJHC 299
Parties
Plaintiff: Tladi Zakhele; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2025
Case Number
133125/2023
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim succeeded in full; defendant held liable for 100% of proven damages.
Judges
Weideman
Legal Topics
Road Accident Fund Act, Personal Injury, Quantum of Damages, Hearsay Evidence, Loss of Earning Capacity
Delict Civil Procedure Road Accident Fund Act Personal Injury Quantum of Damages Hearsay Evidence Loss of Earning Capacity

Case Brief

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Parties

Tladi Zakhele

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant is liable for damages arising from the motor vehicle accident involving the plaintiff.
  2. 2 Whether the plaintiff's version of the accident is probable and acceptable.
  3. 3 What is the appropriate quantum for general damages and loss of income.

Ratio Decidendi

The court found the plaintiff's version of the accident to be both probable and acceptable, supported by photographs and a clarified sketch. There was no evidence to contradict the plaintiff's account. The defendant is therefore liable for 100% of the damages substantiated by the plaintiff. The court accepted the actuarial calculation for past and future loss of income, applying appropriate contingency deductions. General damages were determined by reference to comparable case law and quantum guides, resulting in an award of R850,000. The plaintiff is also entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act. Costs are awarded on a...

Court Disposition

Plaintiff's claim succeeded in full; defendant held liable for 100% of proven damages.

Orders

  • Plaintiff's application to lead hearsay evidence by affidavit is granted.
  • Defendant is liable for 100% of such damages as the plaintiff may substantiate.