About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2023
>>
[2023] ZAFSHC 203
|
|
Nkonoane v Road Accident Fund (2905/2021) [2023] ZAFSHC 203 (1 June 2023)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Case number:
2905/2021
In
the matter between:
MOETI
GREGORY NKONOANE
Plaintiff
and
ROAD
ACCIDENT
FUND
Defendant
HEARD
ON
:
AMENDED ORDER BY KHOOE AJ
This
amended order handed down electronically by circulation to the
parties’ representatives by email. The date and
time for
the hand-down are deemed to be 09:30 on 1 June 2023.
INTRODUCTION
[1]
On 25 November 2022, I heard arguments in
this matter and reserved judgment. Following my reservation, the
parties approached me
in chambers informing me of an offer on merits
by the defendant which the plaintiff had accepted. The parties
informed that they
had unfortunately only been aware of the
settlement after the court had adjourned. According to the agreement
between the parties,
the merits were settled at 90%.
[2]
On the 23 May 2023 at 11:00, I handed down
judgment in this matter and granted the following order:
[3]
In the result, I make the following order:
27.1
The defendant is liable for 70% of
plaintiff’s proven or agreed damages.
27.2
The issue of future medical and hospital
expenses and general damages are separated from other issues in terms
of Rule 33(4), with
the issue of loss of earning / earning capacity
postponed.
27.3
The defendant shall pay the plaintiff an
amount of R 455 000.00 (four hundred and fifty-five thousand rand) in
full and final settlement
of the plaintiff’s claim for general
damages which amount is made up as follows:
General damages
:
R 650 000.00
Less 30%
apportionment:
R 195 000.00
TOTAL
: R 455 000.00
27.4
The defendant to pay the plaintiff’s
taxed or agreed party and party costs on High Court scale, until date
of this court order,
including but not limited to the costs set out
hereunder:
27.4.1
The preparation, reservation and / or
attendance fees of Counsel to attend the matter on 22, 23 and 25
November 2022;
27.4.2
The reasonable preparation/ qualifying and
reservation fees and expenses (if any) of the following experts:
27.4.2.1
Dr Bogatsu (Orthopaedic surgeon);
27.4.2.2
Ms Moagi Occupational Therapists.
27.5
The payment provisions in respect of the
aforegoing are ordered as follows:
27.5.1
All payments in terms of this order are to
be paid directly into the account of the plaintiff’s attorneys
of record by means
of electronic transfer, the details of which are
the following:
Gcasamba Attorneys Inc
Bank
-
ABSA
Branch
Code
-
6[…]
Account
No.
-
4[….]
27.5.2
Payment of the taxed or agreed costs shall
be made within 180 (hundred and eighty) days of taxation, and shall
likewise be effected
into the account of the plaintiff’s
attorney.
27.6
Interest shall accrue at the statutory rate
per annum, compounded, in respect of:
27.6.1
The taxed or agreed costs, calculated from
14 (fourteen) days from date of taxation, alternatively date of
settlement of such costs.
27.6.2
The plaintiff’s claim for past
hospital and medical expenses is hereby separated in terms of Rule
33(4) and postponed to the
pre-trial.
[3]
This was an error on my part and no prejudice will be suffered by the
parties.
In the light of the settlement between the parties, I vary
my judgment of 23 May 2023 as follows:
3.1
Paragraph 3 “The defendant accepted
liability for 90% of the plaintiff’s proven or agreed
damages.”
3.2
Paragraph 26 “I have considered both
arguments for the parties and the case law they referred to, for
which I am grateful
for. Taking into consideration that an award for
damages need not paralyse the defendant, I believe a fair amount for
general damages
is R650 000.00 less 10% in the circumstances.”
3.3
Paragraph 27.3 “The defendant shall
pay the plaintiff an amount of R 585 000.00 (five hundred and
eighty-five thousand rand)
in full and final settlement of the
plaintiff’s claim for general damages which amount is made up
as follows:”
General damages
:
R 650 000.00
Less 10%
apportionment:
R 65 000.00
TOTAL
: R 585
000.00.
Herewith my amended
order:
AMENDED ORDER
27.7
The defendant is liable for 90% of
plaintiff’s proven or agreed damages.
27.8
The issue of future medical and hospital
expenses and general damages are separated from other issues in terms
of Rule 33(4), with
the issue of loss of earning / earning capacity
postponed.
27.9
The defendant shall pay the plaintiff an
amount of R 585 000.00( Five hundred and eighty five thousand rand))
in full and final
settlement of the plaintiff’s claim for
general damages which amount is made up as follows:
General damages
: R
650 000.00
Less 10%
apportionment: R
65 000.00
TOTAL
: R
585 000.00
27.10
The defendant to pay the plaintiff’s
taxed or agreed party and party costs on High Court scale, until date
of this court order,
including but not limited to the costs set out
hereunder:
27.10.1
The preparation, reservation and / or
attendance fees of Counsel to attend the matter on 22, 23 and 25
November 2022;
27.10.2
The reasonable preparation/ qualifying and
reservation fees and expenses (if any) of the following experts:
27.10.2.1
Dr Bogatsu (Orthopaedic surgeon);
27.10.2.2
Ms Moagi Occupational Therapists.
27.11
The payment provisions in respect of the
aforegoing are ordered as follows:
27.11.1
All payments in terms of this order are to
be paid directly into the account of the plaintiff’s attorneys
of record by means
of electronic transfer, the details of which are
the following:
Gcasamba Attorneys
Inc
Bank
: ABSA
Branch Code
: 6[…]
Account
No.
:
4[….]
27.11.2
Payment of the taxed or agreed costs shall
be made within 180 (hundred and eighty) days of taxation, and shall
likewise be effected
into the account of the plaintiff’s
attorney.
27.12
Interest shall accrue at the statutory rate
per annum, compounded, in respect of:
27.12.1
The taxed or agreed costs, calculated from
14 (fourteen) days from date of taxation, alternatively date of
settlement of such costs.
_______________
N.J.
KHOOE, AJ
On
behalf of the Plaintiff:
Adv.
D.R Thompson
Instructed
by:
Gcasamba
Inc Attorneys
Bloemfontein
On
behalf of the Defendant:
Ms.
K Mkwanazi
Instructed
by:
State
Attorney
Bloemfontein