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South Africa: North Gauteng High Court, Pretoria
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South Africa: North Gauteng High Court, Pretoria
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2023
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[2023] ZAGPPHC 511
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Holtzhausen v Road Accident Fund [2023] ZAGPPHC 511; 50675/2018 (30 June 2023)
THE
REPUBLIC OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
HIGH COURT DIVISION, PRETORIA
Case
no:
50675/2018
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED.
DATE
30 JUNE 2024
SIGNATURE
In
the matter between:
A
O HOLTZHAUSEN
Plaintiff
and
ROAD
ACCIDENT
FUND
Defendant
JUDGMENT
MAKHOBA J
[1]
This is a claim for damages by the plaintiff against the Road
Accident Fund. Counsel
represented both the plaintiff and defendant.
[2]
The matter proceeded to trial on merits. The plaintiff was the only
witness and on
behalf of the defendant counsel did not call any
witness but only addressed the court he did not even ask to file
heads.
[3]
The plaintiff testified that on the 15th of March 2017 at about 11H00
he was travelling
in his motorcycle on Lynnwood Road from East to
West.
[4]
The road had four lanes, he was traveling on the left lane whereas
the insured driver
was travelling on the far right lane. They were
both traveling in the same direction.
[5]
He approached the intersection of Lynnwood Road and Jan Shoba road
the robot turned
green. The insured driver who was travelling in a
Honda vehicle suddenly turned left without indicating and collided
with him.
He sustained injuries. The witness was cross examined,
thereafter the plaintiff closed his case.
[6]
The defendant did not lead any oral evidence and closed its case.
Counsel for the
plaintiff asked for 100% liability against the
defendant. For the defendant counsel asked for apportionment of
damages 60/40%,
alternatively the matter is left in the court's
hands. On quantum counsel for the defendant left the matter in the
Court's hands.
For the plaintiff council relied on his heads of
argument and the reports uploaded on CaseLines.
[7]
The plaintiff gave his evidence in a clear and direct manner and his
evidence is not
contested by the defendant. The court is satisfied
that he proved the negligence of the insured driver on a balance of
probabilities.
[8]
The court finds that the defendant is liable 100% in favour of the
plaintiff.
[9]
The joint minute reports all indicate that the plaintiff is an unfair
competitor in
the open labour market due to the injuries he
sustained.
[10]
The quantum claim by the plaintiff was not disputed by the defendant
during the trial.
ORDER
[11.1]
The defendant is ordered to pay the plaintiff
the amount of R 3 200
000( Three million two hundred thousand rand) in respect of
past and future loss of earnings.
[11.2]
R 550,000 (Five hundred and fifty thousand rand)
in respect of
general damages.
In
total = R 3 750 000 (Three million seven hundred and fifty thousand
rand).
[11.3]
Section 17(4)(a) undertaking
[11.4]
Cost of suit.
MAKHOBA
J
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
MATTER
HEARD AND RESERVED ON: 03 MAY 2023
JUDGMENT
HANDED DOWN ON: 30 JUNE 2023
APPEARANCES
:
For
the Applicant: Adv C R VAN ONSELEN (instructed by) NEL VAN DER MERWE
& SMALMAN
For
the Respondent: RAF from STATE ATTORNEY PRETORIA