Tshosi v Road Accident Fund (78502/18) [2024] ZAGPPHC 1000 (23 September 2024)

Tshosi v Road Accident Fund (78502/18) [2024] ZAGPPHC 1000 (23 September 2024)

The court found that the Plaintiff was a passenger and not negligent in the accident. The Defendant did not oppose the claim. The Plaintiff suffered moderate brain injury, scarring, and other injuries, with expert reports indicating a 3%-5% whole person impairment and future medical expenses. The Plaintiff did not suffer loss of earnings or past medical expenses. The Defendant is liable for 100% of the Plaintiff's proven damages. The Plaintiff is entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act. The claim for general damages is postponed sine die.

Citation
[2024] ZAGPPHC 1000
Parties
Plaintiff: Sello Abraham Tshosi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 September 2024
Case Number
78502/18
Procedural Posture
Civil Action / Unopposed Hearing; Judgment
Outcome
Judgment for the Plaintiff; Defendant declared liable for 100% of proven damages; undertaking for future medical expenses granted; costs awarded; claim for general damages postponed sine die.
Judges
Amien
Legal Topics
Road Accident Fund Act, Personal Injury, General Damages, Future Medical Expenses
Delict Road Accident Fund Act Personal Injury General Damages Future Medical Expenses

Case Brief

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Parties

Sello Abraham Tshosi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Unopposed Hearing; Judgment

Legal Issues

  1. 1 Whether the Defendant is liable for damages suffered by the Plaintiff as a result of the motor vehicle accident.
  2. 2 Whether the Plaintiff is entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.
  3. 3 Whether the Plaintiff suffered any loss of earnings or general damages as a result of the accident.

Ratio Decidendi

The court found that the Plaintiff was a passenger and not negligent in the accident. The Defendant did not oppose the claim. The Plaintiff suffered moderate brain injury, scarring, and other injuries, with expert reports indicating a 3%-5% whole person impairment and future medical expenses. The Plaintiff did not suffer loss of earnings or past medical expenses. The Defendant is liable for 100% of the Plaintiff's proven damages. The Plaintiff is entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act. The claim for general damages is postponed sine die.

Court Disposition

Judgment for the Plaintiff; Defendant declared liable for 100% of proven damages; undertaking for future medical expenses granted; costs awarded; claim for general damages postponed sine die.

Orders

  • The Defendant is declared liable for payment of 100% of the Plaintiff’s agreed or proven damages in consequence of the injuries sustained resulting from the motor vehicle collision on 14 July 2017.
  • The Defendant is ordered to furnish the Plaintiff with an Undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996, to compensate the Plaintiff for the cost of future accommodation in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to the Plaintiff...