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[2016] ZAGPPHC 839
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Tahlo v Road Accident Fund (94682/15) [2016] ZAGPPHC 839 (31 March 2016)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 94682/15
DATE:
31 MARCH 2016
Reportable:
No
Of
interest to other judges: No
Revised.
In the matter between:
LEFA
TAHLO
Plaintiff
And
ROAD ACCIDENT
FUND
Defendant
JUDGMENT
NKOSI
AJ:
A.
INTRODUCTION
Plaintiffs
instituted an action for damages resulting from a motor vehicle
collision on 2 January 2015 where he suffered some injuries.
Injured
person: Lefa Tahlo: 55 years old
B.
BRIEF BACKGROUND TO THE CLAIM
Synopsis
of injuries and after effects:
Plaintiff sustained a severe body
injuries with post concussion headaches, head injuries and cervical
spine, got surgically operated
at Chris Hani Baragwanath Hospital for
a month and transferred to a rehabilitation hospital in Pretoria
where he stayed over 8
months. The aforesaid injuries were supported
by medical, industrial psychologists, radiology, orthopaedic,
neuropsychological
expert reports. Plaintiff is found to be
permanently disabled and only walks with difficulty on crutches with
no reasonable prospects
of being actively and gainfully employed in
future. Plaintiff was HIV positively diagnosed and his life
expectancy is considerably
reduced and will not be able to enter the
open labour market in any capacity in the future due to the grade 3
concussion and on
permanent catheter.
C.
ISSUES TO BE RESOLVED
1. Future loss of
earnings
2. General damages
D.
ORAL EVIDENCE BY THE PLAINTIFF
1.
The Plaintiff is a 55 year old male who has instituted an action
against the Defendant in terms of the
Road Accident Fund Act 56 of
1996
for the payment of damages arising from a motor vehicle
collision which occured on 02 January 2015 in Soweto. His evidence
was
uncontested.
2.
The Defendant was duly served with the combined summons on 27
November 2015 and have failed to serve and file their Notice to
Defend. The Sheriff's Return of Service was attached to the bundle of
documents marked as "LTl" of page 12 of the paginated
documents.
3.
This matter proceeded on unopposed basis and Plaintiff was allowed to
lead evidence to prove his claim with the support of all
experts
reports as filed in court.
4.
In the final analysis, having considered the proven claim as
supported by the expert reports and previous similar or almost
similar court decisions the court have come to the conclusion that a
fair and reasonable compensation will be:
a) R800 000.00 : for
general damages for pain and suffering, loss of amenities of life and
disfigurement
b) R801 662.00 : for past
and future loss of earnings as supported by the actuarial report
c) TOTAL : R 1601 662.00
5.
Consequently the court orders as follows:
a) The Defendant is to
pay the Plaintiff the amount of R1 601 662.00 in respect of damages,
arising from the motor vehicle collsion
which occured on 2 January
2015;
b) Interest of the
aforesaid amount at a rate of 9% p.a from 14 days of this order
c) The Defendant shall
furnish the Plaintiff with an undertaking in terms of
Section
17(4)(c)
of the
Road Accident Fund Act
, 56 of 1996, in respect of
future medical expense upon proof thereof as a result of the motor
vehicle collision which occured
on 2 January 2015; and
d) The Defendant shall
pay the Plaintiff's taxed or agreed party and party costs on a High
Court scale up to the date of this order:
I.
Including the taxed or agreed costs of counsel and costs of
Plaintiff's experts fees
Signed
and dated on 31 March 2016
________________________
V.R.S.N.
NKOSI
ACTING
JUDGE OF THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION,
PRETORIA