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South Africa decisions
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P.N obo K.N.N v Road Accident Fund (2020/27135) [2025] ZAGPPHC 759 (28 July 2025)
High Court judgment on a minor’s future loss of earnings claim against the Road Accident Fund, with the court fixing quantum, contingencies, and trust protection.
Mtika v Road Accident Fund (2019/19802) [2025] ZAGPJHC 667 (1 July 2025)
The court held that the plaintiff is entitled to claim damages from the Road Accident Fund despite his expired asylum seeker permit and illegal immigration status, as confirmed by binding precedent. However, the plaintiff's claim for general damages and loss of earnings could not be determined due to the absence of updated medico-legal evidence and lack of concession or HPCSA finding. The quantum of any damages awarded must be reduced by 50% due to the parties' settlement on negligence apportionment. The plaintiff is entitled to a statutory undertaking for future medical expenses, limited to…
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Yelo v Road Accident Fund (2125/2021) [2025] ZAFSHC 154 (27 May 2025)
The court found that while the plaintiff suffered serious injuries, including pelvic fractures, bladder rupture, urethral stricture, and erectile dysfunction, these did not result in the same degree of permanent disability or functional impairment as in the precedent cases cited. The plaintiff's age and the availability of future medical interventions, funded by the RAF, further mitigated the long-term impact of his injuries. The court emphasized that awards for general damages must be fair and proportionate, taking into account the actual sequelae and the potential for improvement. Excessive…
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Nsingwane v Road Accident Fund (525/2022) [2024] ZAMPMBHC 47 (9 July 2024)
The High Court awarded damages to a passenger injured in a road accident, including R500,000 for general damages and R1,648,425 for loss of earnings.
H.P.M obo J.M v Road Accident Fund (282/2018) [2024] ZALMPPHC 55 (23 May 2024)
The High Court awarded future loss of earnings to a minor injured in a motor-vehicle accident, accepted a section 17(4) undertaking, and postponed general damages.
C.R.S v Road Accident Fund (1884/2006) [2023] ZAGPJHC 961 (19 June 2023)
The court found that the Plaintiff's claim for damages, including substantial amendments to the quantum and supporting evidence, raised complex issues regarding the Defendant's procedural rights after its defence was struck off. The Plaintiff presented extensive medico-legal evidence, but the reliability and relevance of sequelae alleged more than two decades after the accident were questioned. The court refused to make the proposed settlement agreement an order of court due to concerns about the evidence and the absence of expert testimony. In light of pending Constitutional Court proceeding…
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W.S v Road Accident Fund (3159/2016) [2020] ZAFSHC 87 (30 April 2020)
The court found that the plaintiff sustained injuries qualifying as serious under the narrative test, including a mild concussive brain injury and orthopaedic injuries. Expert evidence established that while the plaintiff's injuries affected his amenities of life and rendered him an unequal competitor in the open labour market, the neurocognitive effects were mild and could improve with treatment. The court accepted that the plaintiff's earning capacity was compromised, but not to the extent of total unemployability. The actuarial calculation applied a higher contingency percentage (30%) to f…
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A B v Road Accident Fund (09/2016) [2019] ZAFSHC 190 (24 October 2019)
High Court judgment on future loss of earnings against the Road Accident Fund, accepting unchallenged expert evidence and awarding R893,060 plus costs.
Nyaka v Road Accident Fund (54/2015) [2018] ZALMPPHC 46 (9 May 2018)
High Court damages judgment in a Road Accident Fund claim for loss of earnings and earning capacity after a motor vehicle collision.
Disele v Road Accident Fund (53845/11) [2017] ZAGPPHC 677 (13 October 2017)
High Court judgment awarding R1.2 million for the plaintiff’s future loss of earnings after a motor vehicle accident caused serious head and orthopaedic injuries.
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