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[2022] ZAECMKHC 99
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Alexander v Road Accident Fund (3976/2021) [2022] ZAECMKHC 99 (1 December 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
(EASTERN
CAPE DIVISION, MAKHANDA)
Case
No: 3976/2021
In
the matter between:
JANINE
DOLORES ALEXANDER
Applicant / Plaintiff
And
ROAD
ACCIDENT FUND
Respondent / Defendant
JUDGMENT
– APPLICATION FOR LEAVE TO APPEAL
BESHE
J:
[1]
On the 13 September 2022 I
rendered a judgment in favour of the applicant and awarded her
R360 000.00 as and for general damages. The award was for
R400 000.00 minus 10% in view of the fact that the defendant
conceded liability for 90% of plaintiff’s damages. The parties
also reached an agreement in settlement of damages in respect
of past
loss of earnings and future loss of earnings.
[2]
The plaintiff is now applying
for leave to appeal against my judgment pertaining to her
claim for
general damages. The application was opposed by the defendant on the
basis that I was in a better position to assess
plaintiff’s
general damages having heard extensive evidence in this regard.
[3]
The application is premised on
the ground that based on the totality of the injuries suffered
by the
applicant and their sequelae, and awards granted in comparable cases,
another court might reasonably find that plaintiff’s
claim
should have been assessed to be in the sum of R880 000.00. And
that therefore this would constitute a striking disparity
between the
award I made and the one the appeal court might find I should have
made and that interference by the appellate court
with my decision is
warranted.
[4]
Mr Miller
for the
applicant once again drew my attention to awards in cases where the
plaintiffs had sustained injuries similar to those
that applicant
sustained.
[5]
I am mindful of the fact that as
a trial court I had a wide discretion as to what in the
particular
circumstances would constitute a fair and reasonable award as and for
damages. Be that as it may, I am unable to say
that there are no
reasonable prospects of another court finding that the applicant was
deserving of an award for damages for a
much higher amount that I
awarded her.
[6]
Accordingly, leave to appeal is
granted to the Full Bench of this division. Costs to be costs
in the
appeal.
N
G BESHE
JUDGE
OF THE HIGH COURT
APPEARANCES
For
the Plaintiff
:
Adv: T Miller
Instructed
by
: DULLABH ATTORNEYS
5
Betram Street
MAKHANDA
Ref:
Mr N Dullabh
Tel.:
046 – 622 6611
For
the Defendant
:
Adv: V Jeram
Instructed
by
: STATE ATTORNEYS
17
Fleet Street
Old
Spoornet Building
EAST
LONDON
Ref:
Alexander, JD/Z04/VJ
Tel.:
066 – 586 7244 / 043 – 706 5100
Date
Heard
: 4 November 2022
Date
Reserved
: 4 November 2022
Date
Delivered
: 1 December 2022