Van Der Merwe v Road Accident Fund (7407/2022) [2025] ZAWCHC 158 (3 April 2025)

Van Der Merwe v Road Accident Fund (7407/2022) [2025] ZAWCHC 158 (3 April 2025)

The Court found that the Plaintiff's injuries, as confirmed by medical and occupational experts, significantly impaired his ability to perform work requiring physical activity, particularly in the security industry where he was previously employed. Although the Plaintiff returned to work and was accommodated for a period, his resignation and subsequent inability to secure similar employment were causally linked to the accident. The Court determined that neither party's expert could specify the exact period the Plaintiff would have remained employed in an accommodated position, and thus exercised judicial discretion in applying contingency deductions. The Court awarded 50% of past...

Citation
[2025] ZAWCHC 158
Parties
Plaintiff: Bruce Nicholas Van Der Merwe; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 April 2025
Case Number
7407/2022
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for loss of earnings is upheld. Defendant is ordered to pay R1,390,340 in full and final settlement of all claims arising from the accident.
Judges
Bhoopchand
Legal Topics
Road Accident Fund Act, Loss of Earnings, Personal Injury, Actuarial Calculation, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Personal Injury Actuarial Calculation Contingency Deductions

Case Brief

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Parties

Bruce Nicholas Van Der Merwe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff suffered a compensable loss of earnings as a result of injuries sustained in the motor vehicle accident.
  2. 2 How the Plaintiff's residual earning capacity should be assessed in light of his injuries and employment history.
  3. 3 What contingency deductions are appropriate in calculating past and future loss of earnings.

Ratio Decidendi

The Court found that the Plaintiff's injuries, as confirmed by medical and occupational experts, significantly impaired his ability to perform work requiring physical activity, particularly in the security industry where he was previously employed. Although the Plaintiff returned to work and was accommodated for a period, his resignation and subsequent inability to secure similar employment were causally linked to the accident. The Court determined that neither party's expert could specify the exact period the Plaintiff would have remained employed in an accommodated position, and thus exercised judicial discretion in applying contingency deductions. The Court awarded 50% of past...

Court Disposition

Plaintiff's claim for loss of earnings is upheld. Defendant is ordered to pay R1,390,340 in full and final settlement of all claims arising from the accident.

Orders

  • The Defendant shall pay the Plaintiff the sum of R1,390,340 in settlement of the Plaintiff's claim for loss of earnings and final settlement of all claims arising from the accident of 28 July 2019 by electronic transfer to the Plaintiff's attorneys' trust account.
  • The Defendant shall pay the capital within 180 days and interest on the capital from 30 days after this order, as well as any costs incurred in collecting the capital.