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[2011] ZAGPJHC 65
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Makhombothi v Road Accident Fund (46854/2009) [2011] ZAGPJHC 65 (29 April 2011)
NOT REPORTABLE
IN THE SOUTH GAUTENG HIGH COURT OF
SOUTH AFRICA
JOHANNESBURG
CASE NO
:
46854/2009
DATE
:
29/04/2011
In the matter between:
MBONGISENI
MAKHOMBOTHI
..................................................................
Plaintiff
and
ROAD ACCIDENT
FUND
........................................................................
Defendant
JUDGMENT
C. J. CLAASSEN J
:
What remains to be decided, is the
appropriate amount in respect of general damages for loss of
amenities of life, pain and suffering
and disfigurement. The
plaintiff is an artisan who is dependent upon his physical ability
to perform his profession. The medical
reports indicate that there
has been a substantial curtailment of his physical ability. There
are some photographs which indicate
this impairment quite clearly on
page 36 of the plaintiff’s expert bundle.
It is also common cause that the
plaintiff will have to undergo future operations since the one leg
is now shorter than the other.
There will, therefore, be further
pain and suffering and immobility for a shorter or a longer period
of time.
Mr du Plessis asked for an amount of
R150 000.00 in respect of general damages whereas Mr Pilusa
submitted R100 000.00 would be
appropriate. In my view general
damages is, to a large extent, a gut feeling. In my view, it would
not be unreasonable to award
the amount of R150 000.00 for the
general damages suffered by the plaintiff.
In this regard I order that
paragraphs 1, 2 and 3 of the draft order marked "X" be
made an order of court.
THUS DONE AND SIGNED AT JOHANNESBURG
ON THIS 27
th
DAY OF JUNE 2011.
_________________________
C.J.CLAASSEN
JUDGE OF THE HIGH COURT