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South Africa decisions
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T.X.S v Road Accident Fund (4063/2021) [2025] ZAMPMBHC 15 (18 March 2025)
The High Court awarded damages for future loss of earning capacity after finding that the plaintiff suffered a mild diffuse axonal injury in a motor vehicle accident.
Mokgaetjie v Road Accident Fund (61400/2023) [2025] ZAGPJHC 293 (27 February 2025)
The High Court awarded a loss of support claim for a child after a motor vehicle death, accepting the actuarial calculation and limiting dependency to age 18.
F.A.C and Another v Road Accident Fund (55375/2015) [2024] ZAGPPHC 1292 (27 November 2024)
High Court judgment on RAF loss-of-support damages awarded R444,655 to two minor children after the death of their father, with interest and costs.
Road Accident Fund v Mienie (Leave to Appeal) (457/2019) [2023] ZANCHC 53 (5 September 2023)
The High Court dismissed the Road Accident Fund’s application for leave to appeal, finding no reasonable prospects of success or compelling reason to reopen the actuarial damages issue.
Esitang v Road Accident Fund [2023] ZAGPPHC 328; 8336/2021 (31 March 2023)
The court awarded general damages and future loss of income after finding insufficient proof of past income from the plaintiff’s nail and modelling work.
S.J.D obo M.A v Road Accident Fund (EL 781/2021) [2022] ZAECELLC 34 (29 November 2022)
Default judgment was granted for a minor’s future loss of earnings claim, with the court reducing the actuarial best-case figure by 40% for contingencies.
Burger v Road Accident Fund (2799/2018) [2022] ZAFSHC 313 (2 November 2022)
The High Court awarded the applicant R3,187,560 for past and future loss of earnings after rejecting his claim to include free use of business premises.
Povey v Road Accident Fund (63390/16) [2022] ZAGPPHC 32 (18 January 2022)
The court awarded general damages for psychological harm after a fatal accident, but dismissed the plaintiff’s loss of income claim for lack of proof.
N.S obo Minor v Road Accident Fund (61470/2017) [2021] ZAGPPHC 558 (30 August 2021)
The court accepted the uncontested expert evidence that the minor suffered severe traumatic brain injury resulting in permanent cognitive and psychological deficits, which will significantly impair his educational attainment and future earning capacity. Actuarial calculations were relied upon to quantify the difference between the minor's pre-accident and post-accident earning potential. The court applied a 30% contingency deduction to pre-morbid earnings and a 15% deduction to post-morbid earnings, considering the minor's socio-economic background, family history, and educational challenges.…
Source excerpt
Advocate Viljoen N.O v Road Accident Fund (A76/19) [2021] ZAGPPHC 461 (19 July 2021)
High Court appeal on damages for loss of earning capacity arising from a serious brain injury claim. The court set aside the trial award and fixed a higher lump sum.
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