V Obo V v Road Accident Fund (65063/12) [2016] ZAGPPHC 563 (12 May 2016)

V Obo V v Road Accident Fund (65063/12) [2016] ZAGPPHC 563 (12 May 2016)

The court found that the uncontroverted expert evidence established that L Prudence V suffered a loss of earning capacity as a result of the injuries sustained in the accident. The occupational therapist and orthopaedic surgeon agreed that L would not be able to cope with physically demanding work and would be best suited to sedentary employment. The industrial psychologist opined that L's employment prospects would be significantly limited, especially if she did not pass matric. The actuarial report, which applied contingency deductions of 15% pre-morbid and 25% post-morbid, was accepted as fair and reasonable. The court concluded that the calculated amount of R279,130.00 for future loss...

Citation
[2016] ZAGPPHC 563
Parties
Plaintiff: V, N L Obo V, L P; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 May 2016
Case Number
65063/12
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Plaintiff's claim for future loss of earning capacity is upheld. Costs awarded to plaintiff.
Judges
MNGQIBISA-THUSI
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Future Medical Expenses
Delict Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Future Medical Expenses

Case Brief

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Parties

V, N L Obo V, L P

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for future loss of earning capacity due to injuries sustained in a motor vehicle accident.
  2. 2 Whether the contingency deductions applied in the actuarial calculation are fair and reasonable.
  3. 3 Whether the plaintiff is entitled to costs, including expert fees.

Ratio Decidendi

The court found that the uncontroverted expert evidence established that L Prudence V suffered a loss of earning capacity as a result of the injuries sustained in the accident. The occupational therapist and orthopaedic surgeon agreed that L would not be able to cope with physically demanding work and would be best suited to sedentary employment. The industrial psychologist opined that L's employment prospects would be significantly limited, especially if she did not pass matric. The actuarial report, which applied contingency deductions of 15% pre-morbid and 25% post-morbid, was accepted as fair and reasonable. The court concluded that the calculated amount of R279,130.00 for future loss...

Court Disposition

Plaintiff's claim for future loss of earning capacity is upheld. Costs awarded to plaintiff.

Orders

  • The defendant is to pay the plaintiff an amount of R279,130.00 as future loss of income.
  • The defendant must pay interest at 15.5% per annum on the amount of R279,130.00 from the date of this order.