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[2023] ZAGPPHC 1210
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Stoffel v Road Accident Fund (24362/2016) [2023] ZAGPPHC 1210 (18 September 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO:
24362/2016
DATE:
2023-07-27
(1)
REPORTABLE: YES /
NO.
(2)
OF INTEREST TO OTHER JUDGES: YES /
NO.
(3)
REVISED.
DATE:
18/9/2023
SIGNATURE
In
the matter between
H
STOFFEL
Applicant
and
ROAD
ACCIDENT FUND
Accused
EX
TEMPORE JUDGMENT
HOLLAND-MUTER,
J:
[1]
Matter 6 on our roll, case 24362/2016, it is Hans Stoffel v Road
Accident Fund.
The parties argued the matter before me on the
heads of arguments and the expert reports of the Plaintiff. The
only aspect
in dispute from the defendant's side is the 40% and/or,
as she proposed, 25% contingency deducting post, post-accident.
Why
you want to deduct the normal 25%? You sit here with a
person who is, the whole person impairment, a WPI of 36%, that is
rather high, it is not the normal contingency deductions to apply
here.
[2]
I am satisfied under the circumstances, having heard all the parties,
that a post-accident
deduction of 40% would be fair and justified and
therefore grants the order as prayed for.
[3]
This matter, as indicated, draft order XYZ, is made an order of
Court.
HOLLAND-MUTER,
J
JUDGE
OF THE HIGH COURT
DATE:
18/9/2023