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[2017] ZAGPPHC 36
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Eagle Steel Construction Proprietary Limited t/a Eaglestruct Internation v Glen Lea Property Investments CC and Others (29756/2015) [2017] ZAGPPHC 36 (10 February 2017)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
08/02/2017
CASE
NO: 36464/2014
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
REVISED
In
the matter between:
BRUCE
BERNARD TALJAARD
Plaintiff
and
ROAD
ACCIDENT FUND
Defendant
JUDGMENT
MAKGOKA,J:
[1]
This is an action for damages in terms of the
Road Accident Fund Act,
56 of 1996
, as amended (the Act) pursuant to a motor vehicle
collision on 12 May 2010. The plaintiff, then 28 years old, was a
driver of motorcycle
which collided with an unidentified motor
vehicle. He suffered serious multiple injuries, mainly to his lower
limb. His right leg
and left index finger were eventually amputated.
He was employed as an underground assistant boilermaker.
[2]
All other heads of claim have been settled, except for the past
medical expenses, on which the
parties hopefully will find each
other. Before me was the determination of the plaintiff's damages in
respect of his loss of earnings
and earning capacity. I have had
regard to the joint minute of the industrial psychologists, Mrs
Barbara Donaldson and Mr Bernard
Oosthuizen, dated 20 January 2017,
as well as the addendum thereto by the same experts, dated 1 February
2017. In addition, I have
considered the actuarial calculation
prepared on behalf of the plaintiff by Algorithm Consultants and
Actuaries dated 24 January
2017.
[3]
The parties have
agreed· on certain actuarial calculations for different
scenarios. Using the opinions expressed by the industrial
psychologists in respect of the plaintiff's probable career path, the
actuaries have made a calculation of what the plaintiff would
have
earned in the remainder of his working life had he not been injured.
The retirement age is assumed at age 62½. The
actuaries have
calculated the amount the plaintiff would have earned (on the basis
of various assumptions) but for the accident.
To these amounts,
provision was made for contingencies of life, and adjusted the
amounts accordingly.
[4]
During the brief
hearing I was handed up a draft order, which, having regard to the
reports of the experts referred to above, I
am satisfied that it
represents fair and adequate compensation for the plaintiff.
[5]
In the result the following order is made:
1.
The draft order, attached hereto
and marked 'X', is made an order of this court.
TM
Makgoka
Judge
of the High Court
Date
of hearing: 1
February 2017
Judgment
delivered: 8 February 2017
Appearances:
For
the Plaintiff:
Adv. P du Plessis SC
Instructed
by:
Van Velden-Duffey, Rustenburg
MacRobert
Inc., Pretoria
For
the Defendant: Adv. A. Ntimbana
Instructed
by:
Fourie Fismer Inc., Pretoria
IN THE HIGH COURT OF SOUTH
AFRICA
(GAUTENG DIVISION, PRETORIA)
On
the 8
th
of February 2017
Before
his Honourable Judge Makgoka
Case
No:
36464/2014
In
the matter between:
BB
TALJAARD
Plaintiff
and
ROAD
ACCIDENT
FUND
Defendant
After
having heard counsel, the court orders as follows:
1.
PLAINTIFF'S
CLAIM FOR GENERAL DAMAGES & LOSS OF EARNINGS:
The
Defendant is ordered to pay to Plaintiff the amount of R2746 400 (TWO
MILLION SEVEN HUNDRED AND FORTY SIX TH0USAND FOUR HUNDRED
RAND) which
consist of an amount of R800 000.00 for general damages and an
amount of R1946 400 for loss of earnings, in delictual
damages
following the injuries Plaintiff sustained resulting from a motor
vehicle accident which occurred on 12 May 2012, which
amount is
payable by Defendant to Plaintiff on/or before 15 February 2017 by
depositing same into Plaintiff's attorneys of record's
trust account,
the details of which are as follows:
ACCOUNT
HOLDER : VAN VELDEN-DUFFEY INC
BANK
: ABSA BANK
TYPE
OF ACCOUNT : TRUST
ACCOUNT NUMBER : 0713270938
BRANCH
: 630146
REFERENCE
: MAT21570
2.
INTEREST:
2.1
The Defendant will not be liable
for interest on the outstanding amount;
2.2
Should the Defendant fail to
make payment of the capital amount on/or before 15 February 2017,
Defendant will be liable for interest
on the amount due to Plaintiff
at a rate of 10.5% per a num as from the date of this order to date
of final payment.
3.
PLAINTIFF'S
CLAIM FOR PAST HOSPITAL & MEDICAL EXPENSES:
The
Plaintiff's claim for past hospital and medical expenses is separated
and postponed
sine
die.
4.
UNDERTAKING:
The
Defendant is ordered to deliver to Plaintiff, within reasonable time,
an undertaking in terms of
Section 17(4)(a)
of the
Road Accident Fund
Act, Act
56 of 1996, wherein the Defendant undertakes to pay to the
Plaintiff 100% of the cost of future accommodation in a hospital or a
nursing home or treatment of, or rendering of a service or supplying
of goods to Plaintiff pursuant to the injuries Plaintiff sustained
in
a motor vehicle accident which occurred on 12 May 2012, after the
costs have been incurred and on proof thereof.
5.
COSTS:
The
Defendant is ordered to pay the Plaintiffs taxed or agreed party and
party costs on High Court Scale, which costs will include,
but will
not be limited to, the following:
5.1
The costs of all expert reports,
medico-legal reports, addendum medico-legal reports, and combined
joint reports, RAF4 Serious Injury
Assessment Report(s} and radiology
reports of all experts of whom notice has been given and/or whose
reports have been furnished
to the Defendant and/or its attorneys
and/or whose reports have come to the knowledge of the Defendant
and/or its attorneys as
well as all reports in their possession
and/or contained in the Plaintiff's bundle of documents. This shall
include, but not be
limited to, the following experts of whom notice
has been given, namely:
5.1.1
Dr Van Den Bout, Orthopaedic
Surgeon;
5.1.2
Kobus Truter, Clinical
Psychologist;
5.1.3
Dr PB White, Plastic &
Reconstruction Expert;
5.1.4
Anneke Greeff, Occupational
Therapist;
5.1.5
Marco Du Plooy, Orthotics &
Prosthetics;
5.1.6
Barbara Donaldson, Industrial
Psychologist;
5.1.7
Greg Whittaker, Actuary;
5.2
The full fees of Plaintiff's
senior counsel in respect of preparation, consultations, pre-trial
conferences, travelling time and
expenses and a day fee for 1
February 2017;
5.3
The costs of holding all
pre-trial conferences, as well as roundtable meetings between the
legal representatives for both the Plaintiff
and the Defendant,
including counsel's charges in respect thereof as well as all
reasonable costs, including
but not
limited to travelling expenses, incurred by the
Plaintiff's attorneys and counsel in order to attend
such pre-trial
conferences;
5.4
The costs of and consequent to
compiling all minutes in respect of pre trial conferences;
5.5
The reasonable taxable costs of
one consultation with the clients in order to consider the offer of
the Defendant, the costs to
accept it, have it made an order of court
and to procure performance by the Defendant of its obligations in
terms hereof;
5.6
The cost incurred in obtaining
payment and/or execution of the capital amount mentioned in paragraph
1 above.
6.
TAXATION:
6.1
Plaintiff is ordered to serve
the Notice of Taxation of Plaintiff's party and party bill of costs
on Defendant's attorneys of record;
6.2
The Defendant is ordered to pay
the Plaintiff's taxed and/or agreed party and party costs within 14
(FOURTEEN) days from the date
upon which the accounts are taxed by
the Taxing Master and/or agreed between the parties.
SIGNED
AT PRETORIA ON THIS THE 1st DAY OF FEBRUARY 2017.
REGISTRAR
COUNSEL
FOR PLAINTIFF
: ADV
P DU PLESSIS SC
082
578 2424
ATTORNEY
FOR PLAINTIFF
:
MR M
BEZUIDENHOUT
VAN VELDEN-DUFFEY INC
073178
4275
ATTORNEY
FOR DEFENDANT :
MR A NTIMBANA FSF INC
:
076 759 2957