V C obo T N v Road Accident Fund (7972/2015) [2019] ZAGPJHC 201 (11 June 2019)

V C obo T N v Road Accident Fund (7972/2015) [2019] ZAGPJHC 201 (11 June 2019)

The court found that the plaintiff suffered serious injuries resulting in cognitive and physical deficits, which impaired his educational and employment prospects. The expert evidence was inconsistent, with oral testimony deviating from written reports and lacking a factual basis for certain conclusions. The court rejected the joint minute of the educational psychologists and the actuarial calculation based on incorrect assumptions. Instead, the court accepted that the plaintiff would probably have completed grade 12 and, funds permitting, obtained a tertiary qualification at NQF6 level. The matter was referred back to the actuary for recalculation of loss of earnings on this premise,...

Citation
[2019] ZAGPJHC 201
Parties
Plaintiff: C V (curatrix ad litem to N, T); Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2019
Case Number
7972/2015
Procedural Posture
Civil Trial / Quantum Determination After Separation of Issues
Outcome
The court ordered that the draft order as amended be made an order of court and directed the parties to obtain an actuarial calculation of the plaintiff's loss of earnings based on completion of grade 12 and a tertiary qualification at NQF6 level, with a 30% contingency deduction.
Judges
Twala M L
Legal Topics
Loss of Earning Capacity, Road Accident Fund Act, Expert Evidence, Contingency Deduction
Delict Civil Procedure Loss of Earning Capacity Road Accident Fund Act Expert Evidence Contingency Deduction

Case Brief

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Parties

C V (curatrix ad litem to N, T)

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Separation of Issues

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for loss of earnings or earning capacity as a result of injuries sustained in a motor vehicle accident.
  2. 2 What educational and career trajectory the plaintiff would have achieved but for the accident.
  3. 3 What contingency deduction is appropriate given the plaintiff's circumstances and prevailing economic conditions.

Ratio Decidendi

The court found that the plaintiff suffered serious injuries resulting in cognitive and physical deficits, which impaired his educational and employment prospects. The expert evidence was inconsistent, with oral testimony deviating from written reports and lacking a factual basis for certain conclusions. The court rejected the joint minute of the educational psychologists and the actuarial calculation based on incorrect assumptions. Instead, the court accepted that the plaintiff would probably have completed grade 12 and, funds permitting, obtained a tertiary qualification at NQF6 level. The matter was referred back to the actuary for recalculation of loss of earnings on this premise,...

Court Disposition

The court ordered that the draft order as amended be made an order of court and directed the parties to obtain an actuarial calculation of the plaintiff's loss of earnings based on completion of grade 12 and a tertiary qualification at NQF6 level, with a 30% contingency deduction.

Orders

  • The draft order marked 'X' and annexed hereto as amended is made an order of court.
  • The parties are to obtain an actuarial calculation of the plaintiff's loss of earnings on the premise that he would have obtained grade 12 and a tertiary qualification at NQF6 level, applying a 30% contingency deduction.