Van Rooyen obo S H v Road Accident Fund (216/2016) [2019] ZAFSHC 21 (28 February 2019)

Van Rooyen obo S H v Road Accident Fund (216/2016) [2019] ZAFSHC 21 (28 February 2019)

The court found that the minor, due to severe injuries including brain damage and hearing loss, was rendered unemployable in the open labour market. While expert evidence suggested she could have attained grade 12 and entered employment, her socio-economic background and HIV status warranted a higher contingency...

Source-derived case information.

Citation
[2019] ZAFSHC 21
Parties
Plaintiff: BC Van Rooyen N.O. obo S H; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 February 2019
Case Number
216/2016
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Judgment for the plaintiff. The defendant is ordered to pay R3,047,386.00, furnish an undertaking for future medical expenses, and pay costs. The award is to be protected in a trust for the minor's benefit.
Judges
A.F. Jordaan
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Income, General Damages, Curatorship, Trust Protection
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Income General Damages Curatorship Trust Protection

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Parties

BC Van Rooyen N.O. obo S H

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 What is the appropriate quantum for loss of income potential resulting from the minor's injuries sustained in the motor vehicle accident.
  2. 2 What is the suitable amount for general damages given the nature and extent of the injuries.
  3. 3 How should the awarded funds be protected and administered for the benefit of the minor.

Ratio Decidendi

The court found that the minor, due to severe injuries including brain damage and hearing loss, was rendered unemployable in the open labour market. While expert evidence suggested she could have attained grade 12 and entered employment, her socio-economic background and HIV status warranted a higher contingency deduction. The court applied a 35% contingency to the actuarial calculation, resulting in a net capitalised loss of income potential of R2,297,386.00. For general damages, the court considered comparable cases and the severity of the injuries, awarding R750,000.00. The total award of R3,047,386.00 was ordered to be protected in a trust for the minor's benefit, with specific...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay R3,047,386.00, furnish an undertaking for future medical expenses, and pay costs. The award is to be protected in a trust for the minor's benefit.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R3,047,386.00.
  • The capital amount and costs shall be payable into the trust account of VZLR Inc. attorneys.