Z.W.Z obo S.L.N v Road Accident Fund (10925/2017) [2023] ZAKZDHC 28 (26 May 2023)

Z.W.Z obo S.L.N v Road Accident Fund (10925/2017) [2023] ZAKZDHC 28 (26 May 2023)

The court accepted the joint recommendations of the industrial and educational psychologists that the minor would likely have achieved a qualification between a diploma and a degree, and that the average earnings between these two scenarios should be used for quantification. The actuarial calculations based on this average, with contingency deductions of 25% for pre-morbid and 35% for post-morbid earnings, were found to be fair and reasonable. The court rejected the defendant's actuary's criticism of the educational psychologists' assessment, finding that only the educational experts were qualified to opine on the minor's future educational prospects. The court ordered payment of...

Citation
[2023] ZAKZDHC 28
Parties
Plaintiff: Z.W.Z obo S.L.N; Defendant: Road Accident Fund
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
26 May 2023
Case Number
10925/2017
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for loss of earnings is upheld; defendant ordered to pay R5,624,821 and provide an undertaking for future medical expenses.
Judges
Balton
Legal Topics
Road Accident Fund Act, Loss of Earnings, Quantum of Damages, Contingency Deductions, Expert Evidence
Civil Procedure Delict Road Accident Fund Act Loss of Earnings Quantum of Damages Contingency Deductions Expert Evidence

Case Brief

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Parties

Z.W.Z obo S.L.N

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate method for calculating the minor child's loss of earnings resulting from injuries sustained in a motor vehicle accident.
  2. 2 Should the calculation be based on Corporate Survey Earnings (Koch 2022), Statistics South Africa earnings by level of education, or an average of both.
  3. 3 What contingencies should be applied to pre-morbid and post-morbid earnings.

Ratio Decidendi

The court accepted the joint recommendations of the industrial and educational psychologists that the minor would likely have achieved a qualification between a diploma and a degree, and that the average earnings between these two scenarios should be used for quantification. The actuarial calculations based on this average, with contingency deductions of 25% for pre-morbid and 35% for post-morbid earnings, were found to be fair and reasonable. The court rejected the defendant's actuary's criticism of the educational psychologists' assessment, finding that only the educational experts were qualified to opine on the minor's future educational prospects. The court ordered payment of...

Court Disposition

Plaintiff's claim for loss of earnings is upheld; defendant ordered to pay R5,624,821 and provide an undertaking for future medical expenses.

Orders

  • The defendant is directed to pay the plaintiff's claim for loss of earnings in the sum of R5,624,821.
  • The defendant is directed to furnish an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for 100% of the costs of all future accommodation and medical treatment for the minor child arising from the injuries sustained in the motor vehicle collision.