Malatji v Road Accident Fund

• Jurisdiction: South Africa
• Judge: Van Der Schyff AJ
• Judgment Date: 07 September 2018
• Citation: 2020 (3) SA 236 (GP)
• Docket Number: 3528/16
• Hearing Date: 07 September 2018
• Counsel: E Seima (with M Kgwale) for the plaintiff. B Tshabalala for the defendant.
• Court: Gauteng Division, Pretoria

Van der Schyff AJ:

Introduction

[1] On 12 July 2015 the plaintiff was injured in a motor vehicle accident. The merits have already been established and the defendant is 100% liable for all the proven or agreed-upon damages suffered by the plaintiff as a result of the accident.

[2] The parties have agreed that the claim for past medical expenses be postponed sine die.

[3] Future medical expenses will be dealt with by way of an undertaking furnished by the defendant in terms of s 17(4)(a) of the Road Accident Fund Act 56 of 1996 (hereafter 'the Act').

[4] The parties have agreed that the defendant's liability pertaining to the plaintiff's total claim for loss of earnings amounts to R843 975,55.

[5] The plaintiff's claim for future loss of income has been settled.

[6] It must be stated at the outset that both counsel were exceptionally well prepared and argued their cases extremely well. They represented the true image of officers of the court and must be commended.

[7] The only issue before the court is the quantification of the plaintiff's claim for general damages. In reality the parties are not that far apart since the defendant contended that a fair and reasonable award would amount to R2,2 – 2,3 million and the plaintiff argued for an award of R3 million.

[8] It is common cause that the plaintiff, her husband and her son were injured in a collision that took place on 12 July 2015. The plaintiff, aged 40 at the date of the accident, sustained serious spinal injuries that resulted in quadriplegia. As a result of the accident she is incapable of living independently.

[9] There is no indication on the available evidence that the plaintiff suffered any brain damage as a result of head injuries. As stated in Marine & Trade Insurance Co Ltd v Katz NO 1979 (4) SA 961 (A) at 981E —

'(t)he worst of many aggravating features of her condition is that her mentality and intelligence were not adversely affected by her injuries. She therefore has normal mentation, considerable insight into her dire physical situation, and its hopeless prognosis.'

Van der Schyff AJ

[10] Before the accident the plaintiff was working as a facility maintenance coordinator at Howden Africa. It is not stated that she engaged in specific sports or hobbies, but she participated actively in church activities. The plaintiff's total wellbeing and health have been affected adversely by the accident. Without providing an exhaustive list, I take cognisance of the fact that this independent woman now suffers from urinary and faecal incontinence, she is permanently wheelchair-bound, she suffers from depressive episodes, and a loss of sexual activity. Due to her condition she is prone to numerous infections. Despite her quadriplegia she suffers numerous aches and pains and cannot regulate her body temperature. She is utterly and completely dependent on the help of others and she will not be able to actively participate...