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[2023] ZAFSHC 297
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Kirkhoff v Road Accident Fund - Amendment Order (5994/2015) [2023] ZAFSHC 297 (29 July 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
No. 5994/2015
In
the matter between:
CRAIG
EDDIE KIRKHOFF
PLAINTIFF
And
ROAD
ACCIDENT FUND
DEFENDANT
CORAM
:
GUSHA, AJ
DELIVERED
ON
: This amendment order was handed down
electronically by circulation to the parties’ legal
representatives
by email and release to SAFLII. The date and time for
the hand down are deemed to be at 12h00 on 28 July 2023.
AMENDMENT
ORDER
[1]
On the 4
th
July 2023 I granted an order in the following
terms;
In the result I make
the following order;
33.1. The
plaintiff’s claim for damages in respect of past loss of
earnings is dismissed.
33.2. The
defendant shall pay to the plaintiff;
33.2.1.
R350 000.00 (Three hundred and fifty thousand rand) in respect of
general damages arising from the motor vehicle accident that occurred
on the 21
st
June 2013.
33.2.2.
R 508 700 (five hundred and eight thousand rand) in respect of future
loss of income.
33.3. The
defendant shall furnish the plaintiff with an undertaking in terms of
section 17(4) (a) of Act 56 of 1996
for payment of 100% of the for
the future accommodation of the plaintiff in a hospital or nursing
home, or treatment of or rendering
of a service or supply of goods to
him, arising from the injuries sustained by him in the motor vehicle
collision on the 21
st
June 2013.
33.4.
The defendant shall pay the plaintiff‘s taxed or agreed party
and party costs until the date of this order
including costs of
counsel. Such costs shall include the following
the
reasonable and qualifying fees of the following experts:
33.4.1.
Dr JJ Schutte - General Practitioner
33.4.2.
Dr LF Oelofse – Orthopaedic surgeon
33.4.3.
Drs van Dyk & Partners – Radiologists
33.4.4.
Mrs M Grobler of Rita van Biljon Occupational Therapists
33.4.5.
Mrs L van Zyl of Rita van Biljon Occupational Therapists
33.4.5.
Dr EJ Jacobs – Industrial Psychologist
33.4.6.
Munro Forensic Actuaries.
33.5.
Payment of the capital amounts shall
be made without set-off or deduction, within 180 (hundred and eighty)
calendar days from the
date of granting of this order, directly into
the trust account of the plaintiff’s attorneys of record by
means of electronic
transfer, the details of which are the following:
Honey
Attorneys - Trust Account
Bank
– Nedbank, Maitland Street, Bfn
Branch
Code - 11023400
Account
No. – 1[…]
Reference
– HL Buchner/l22884
33.6.
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 trust account of the plaintiff’s attorney.
33.7.
Interest a tempore-morae shall be calculated in accordance with
the
Prescribed Rate of Interest Act 55 of 1975
, read with
section
17(3)(a)
of the
Road Accident Fund Act 56 of 1996
, one hundred and
eighty (180) days from the date of this order.
[2]
Paragraph 33.2.2 of the aforesaid order contains an error in respect
of the amount payable in
respect of future loss of income. The
correct amount awarded should reflect as
R 548 700 (five hundred
and forty eight thousand rand).
[3]
The aforesaid variation is effected,
mero
motu
,
in accordance with
Rule 42
(1) (b).
[1]
[4]
The varied order should therefore read as follows:
In the result I make
the following order;
33.1. The
plaintiff’s claim for damages in respect of past loss of
earnings is dismissed.
33.2. The
defendant shall pay to the plaintiff;
33.2.1.
R350 000.00 (Three hundred and fifty thousand rand) in respect of
general damages arising from the motor
vehicle accident that occurred
on the 21
st
June 2013.
33.2.2.
R 548 700 (five hundred and forty eight thousand rand) in respect of
future loss of income.
33.3. The
defendant shall furnish the plaintiff with an undertaking in terms of
section 17(4)
(a) of Act 56 of 1996 for payment of 100% of the for
the future accommodation of the plaintiff in a hospital or nursing
home, or
treatment of or rendering of a service or supply of goods to
him, arising from the injuries sustained by him in the motor vehicle
collision on the 21
st
June 2013.
33.4.
The defendant shall pay the plaintiff‘s taxed or agreed party
and party costs until the date of this order
including costs of
counsel. Such costs shall include the following
the
reasonable and qualifying fees of the following experts:
33.4.1.
Dr JJ Schutte - General Practitioner
33.4.2.
Dr LF Oelofse – Orthopaedic surgeon
33.4.3.
Drs van Dyk & Partners – Radiologists
33.4.4.
Mrs M Grobler of Rita van Biljon Occupational Therapists
33.4.5.
Mrs L van Zyl of Rita van Biljon Occupational Therapists
33.7.5.
Dr EJ Jacobs – Industrial Psychologist
33.7.6.
Munro Forensic Actuaries.
33.8.
Payment of the capital amounts shall
be made without set-off or deduction, within 180 (hundred and eighty)
calendar days from the
date of granting of this order, directly into
the trust account of the plaintiff’s attorneys of record by
means of electronic
transfer, the details of which are the following:
Honey
Attorneys - Trust Account
Bank
– Nedbank, Maitland Street, Bfn
Branch
Code - 11023400
Account
No. – 1[…]
Reference
– HL Buchner/l22884
33.9.
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 trust account of the plaintiff’s attorney.
33.10.
Interest a tempore-morae shall be calculated in accordance with
the
Prescribed Rate of Interest Act 55 of 1975
, read with
section
17(3)(a)
of the
Road Accident Fund Act 56 of 1996
, one hundred and
eighty (180) days from the date of this order.
NG
GUSHA, AJ
On
behalf of the plaintiff
Adv.
Pohl SC
Instructed
by:
Honey
Attorneys
BLOEMFONTEIN
On
behalf of the respondent
Ms.
P Banda
Instructed
by:
State
Attorney
BLOEMFONTEIN
[1]
42.
Variation and rescission of orders
(1)
The court may, in addition to any other powers it may have,
mero
motu
or upon the application of any party affected, rescind or
vary—
(b)
an order or judgment in which there is an ambiguity, or a patent
error or omission, but only to the extent of such ambiguity,
error
or omission;