Road Accident Fund v Bee (A07/16)
Road Accident Fund v Bee (A07/16) [2016] ZAWCHC 122 (20 September 2016)
The court held that the respondent failed to establish that this was an appropriate case to quantify his personal loss of earnings by reference to the loss of income suffered by BPW. The evidence did not show that the fortunes of BPW were inextricably bound to the respondent's well-being or that his work performance directly impacted BPW's profitability. The respondent continued to receive payments equivalent to his brother's, based on their equal member interests, regardless of his reduced capacity. The court found no legal basis to exclude these payments as ex gratia or to award damages for…
Source excerpt
- Quantification Of Damages
- Loss Of Earning Capacity
- Close Corporation Member Loss
- Ex Gratia Payments
- Early Retirement
- Application Of Rudman Principle