K.M v Road Accident Fund (RAF 276/2022)
K.M v Road Accident Fund (RAF 276/2022) [2025] ZANWHC 133 (25 July 2025)
The plaintiff's claim has not prescribed as the prescription period was suspended during her minority and all procedural steps were taken within the statutory time limits. The quantum of damages is determined based on expert evidence and actuarial calculations, with a 35% contingency deduction applied to pre-morbid earnings to reflect the plaintiff's educational profile and socio-economic risks. The establishment of a trust is warranted to protect the plaintiff's interests, given her youth and the size of the award. The Road Accident Fund is liable for 100% of the plaintiff's proven damages,…
Source excerpt
- Road Accident Fund Act
- Prescription Of Claims
- Contingency Deductions
- Quantification Of Damages
- Establishment Of Trust
- Minor Claimant Protection