Tshabalala v Road Accident Fund (2557/2021) [2022] ZAFSHC 296 (1 November 2022)

Tshabalala v Road Accident Fund (2557/2021) [2022] ZAFSHC 296 (1 November 2022)

The court found that the plaintiff, a 25-year-old with Grade 12 education and limited work experience, was rendered unemployable due to quadriplegia sustained in a motor vehicle accident. The expert evidence, particularly from the Industrial Psychologist and Actuary, was accepted as sound and unchallenged by the defendant. The only dispute was the appropriate contingency deduction for future loss of income. The court considered the plaintiff's background, employment prospects, and the speculative nature of future earnings, as well as the defendant's arguments regarding unemployment and economic conditions. Applying established legal principles and guidelines, the court determined that a...

Citation
[2022] ZAFSHC 296
Parties
Plaintiff: Terence Sandile Tshabalala; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 November 2022
Case Number
2557/2021
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
The defendant is held 100% liable for the plaintiff's proven damages. The quantum of past and future loss of earning capacity is to be calculated by the Actuary applying contingency deductions of 5% for past loss and 32.5% for future loss. Upon receipt of the actuarial calculation, the parties are to approach the...
Judges
Opperman
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund Act, Expert Evidence, Quantum of Damages
Delict Civil Procedure Loss of Earning Capacity Contingency Deductions Road Accident Fund Act Expert Evidence Quantum of Damages

Case Brief

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Parties

Terence Sandile Tshabalala

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's pre-morbid future loss of income calculation.
  2. 2 What is the quantum of damages for the plaintiff's past and future loss of earning capacity resulting from quadriplegia sustained in a motor vehicle accident.

Ratio Decidendi

The court found that the plaintiff, a 25-year-old with Grade 12 education and limited work experience, was rendered unemployable due to quadriplegia sustained in a motor vehicle accident. The expert evidence, particularly from the Industrial Psychologist and Actuary, was accepted as sound and unchallenged by the defendant. The only dispute was the appropriate contingency deduction for future loss of income. The court considered the plaintiff's background, employment prospects, and the speculative nature of future earnings, as well as the defendant's arguments regarding unemployment and economic conditions. Applying established legal principles and guidelines, the court determined that a...

Court Disposition

The defendant is held 100% liable for the plaintiff's proven damages. The quantum of past and future loss of earning capacity is to be calculated by the Actuary applying contingency deductions of 5% for past loss and 32.5% for future loss. Upon receipt of the actuarial calculation, the parties are to approach the...

Orders

  • The defendant is 100% liable for the plaintiff's proven damages.
  • The plaintiff's claim for past and future loss of earning capacity must be referred to Wim Loots Actuaries to be calculated, within 20 days of the date of this order, in accordance with the actuarial report dated 17 October 2022 and applying contingency deductions of 5%/32.5%.