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South Africa: North Gauteng High Court, Pretoria
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[2022] ZAGPPHC 583
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Myburgh v Road Accident Fund (58762/2017) [2022] ZAGPPHC 583 (12 August 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
number:
58762/2017
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
REVISED:
YES
11
August 2022
JUSTIN
MYBURGH
PLAINTIFF
And
THE
ROAD ACCIDENT FUND
DEFENDANT
Delivered:
this judgment was prepared and authored by the judge whose name is
reflected herein and is handed down electronically
and by circulation
to the parties/their legal representatives by email and by uploading
it to the electronic file of this matter
on CaseLines.
ADDENDUM
JUDGMENT
LESO
AJ
INTRODUCTION
[1]
The addendum is made pursuant to the judgment that I handed down on
17 June 2022.
[2]
On 27 August 2019, before DJP Ledwaba the parties reached an
agreement to settle the
merits on the basis that the defendant shall
pay 70% of the plaintiff's proven or agreed damages. I found that the
plaintiff was
entitled to loss of earnings in the amount of R 2 353
864.00 before merits apportionment. In my calculation of the loss of
earnings,
I made an error by subtracting 70% instead of 30% from the
amount of loss of earnings. Consequently, I awarded the plaintiff an
amount of R706 159.00 whereas I should awarded an amount of R1 647
704.80 for loss of earning.
[3]
On the judgment it did not make an order regarding general damages.
ACCORDINGLY,
I
MAKE THE FOLLOWING ORDER
1.
The plaintiff's claim for general damages is
postponed sine die.
2.
The defendant shall pay the Plaintiff an amount
of R 1 647 704.80
.
JT
LESO
Acting
Judge of the High Court
Date
of Hearing:
12
October 2021
Judgment
Delivered:
17
June
2022
Date
of amended judgment:
12 August 2022
For
the Plaintiff: Pruyt
Inc
Plaintiff’s
representative:
Adv
Venter
Contact
No: 082-412
0939
Email
Address:
pieterventer@lawcircle.co.za
For
the Defendant:
Unrepresented