Law Reports
Lentsoenyane v Road Accident Fund (323/2022) [2024] ZAFSHC …

Lentsoenyane v Road Accident Fund (323/2022) [2024] ZAFSHC 295 (16 September 2024)

54 Reportability

Personal Injury Law - Road Accident Fund

Brief Summary

Quantum — General damages — Motor vehicle collision — Plaintiff sustained injuries as a passenger in a vehicle that collided due to a tyre burst — Defendant agreed to pay 100% of the plaintiff’s proven or agreed damages, including R550,000 for general damages — Issues of past and future loss of earnings and past medical expenses separated for future trial — Defendant ordered to provide undertaking for future medical expenses as per the Road Accident Fund Act.

Full Judgment Text (Click to expand)

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[2024] ZAFSHC 295
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Lentsoenyane v Road Accident Fund (323/2022) [2024] ZAFSHC 295 (16 September 2024)

SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
IN
THE HIGH COURT OF SOUTH AFRICA
FREE
STATE DIVISION, BLOEMFONTEIN
Reportable
/ Not reportable
Case
no: 323/2022
In
the matter between:
THAPELO
ANDRIES LENTSOENYANE
PLAINTIFF
and
THE
ROAD ACCIDENT FUND
DEFENDANT
LINK:
5162471
Coram:
Opperman
J
Heard:
21, 22,
24, 28 May 2024 & 7 June 2024:
The
matter was disposed of by agreement between the parties and on order
of the court in terms of section 19(
a)
of the
Superior Courts Act 10 of 2013
Judgment:
16 September 2024: The judgment was handed down in
court and electronically by circulation to the parties’
representatives
by email and release to SAFLII. The date and time for
hand-down is deemed to be at 15h00 on 16 September 2024
Summary:
Quantum – general damages –
motor vehicle collision
ORDER
1.
1.1
The issues of merits, future medical
expenses and general damages are separated in terms of
rule 33(4)
from the issues of past and future loss of earnings and past medical
expenses. The claims for loss of earnings and past medical
expenses
are postponed for trial to 5, 6, and 8 November
2024.
1.2
The Defendant is liable to pay 100% (one hundred percent) of the
plaintiffs proven or agreed damages.
1.3
The defendant shall pay the plaintiff the sum of R550 000.00 (five
hundred and fifty thousand) in respect
of general damages.
1.4
The defendant shall pay the abovementioned amount into the
plaintiff’s attorneys’ trust account
the details of which
are as follows:
ACOUNT
HOLDER:
VZLR INC
BRANCH:

ABSA BUSINESS BANK HILLCREST
BRANCH
CODE:

632005
TYPE OF
ACCOUNT:
TRUST ACCOUNT
ACCOUNT
NUMBER:
3[…]
REFERENCE:

MAT169493
1.5
The defendant will be liable for payment of interest on such amount
at 11.75% (the statutory rate per annum)
calculated fifteen days from
the date of this order.
2.
2.1
The defendant shall furnish the plaintiff with an undertaking in
terms of section 17(4)(
a
) of the
Road Accident Fund Act 56 of
1996
, in respect of future accommodation of the plaintiff in a
hospital or nursing home or treatment of or the rendering of a
service
or supplying of goods to the plaintiff (and after the costs
have been incurred and upon submission of proof thereof) arising out

of the injuries sustained in the collision which occurred on 23
January 2021.
3.
3.1
The defendant will pay the plaintiff's taxed or agreed party and
party cost for the trial dates of 21,
22 and 24 May 2024 up to and
including the date of the order of court, excluding the costs of 28
May 2024.
3.2
The reasonable qualification and reservation fees up and until 22 May
2024 of plaintiff’s experts
whose reports had been furnished to
defendant:
3.2.1 Dr LF
Oelofse
Orthopaedic Surgeon
3.2.2 Dr I
Wosu

Specialist Surgeon
3.2.3 Claire
Hearne
Clinical Psychologist
3.2.4 Ms J
Friedrichs
Rita van Biljon Occupational
Therapist
3.2.5 Dr AC
Strydom
Industrial Psychologist
3.2.6 Mr J
Sauer

Actuary
3.3
The fees of counsel in terms of
rule 67A(3)
(a)
read with
rule
69(7)
on scale B, which costs shall include but is not limited to the
trial dates of 21, 22 and 24 May 2024.
3.4 In
the event of default on the payment of the costs, interest shall
accrue on such outstanding amount at
the statutory mora rate on the
date of taxation/settlement of the bill of cost, as per the
Prescribed Rate of Interest Act 55 of 1975
per annum, calculated from
the due date until the date of payment.
JUDGMENT
Opperman
J
[1]
The court is called upon to
adjudicate the quantum of the plaintiff’s claim for general
damages.
It
was agreed between the parties that the defendant will pay 100% of
the plaintiff’s proven or agreed damages and that the
defendant
will furnish the plaintiff with an undertaking certificate as
contemplated in section 17(4)
(a)
of the Road Accident Fund Act 56 of 1996 (the Act).
[2]
The issues of
loss of earning capacity and past hospital and other medical expenses
remain in dispute. The parties agreed for the
issues to be separated
in terms of rule 33(4) of the Uniform Rules of Court and to be
postponed for trial to 5, 6 and 8 November
2024.
[3]
The plaintiff sustained injuries on 23
January 2021 when he was involved in a motor vehicle collision as a
passenger. On the day
of the incident the driver of the insured
vehicle lost control of the vehicle when one of the tyres burst,
causing a collision.
[4]
The plaintiff claimed R500 000.00 in
general damages at para 7.5 in their particulars of claim but R680
000.00 at para 10.1 of their
heads of argument. Counsel for the
plaintiff also claims costs on scale B in terms of rule 67A. The
defendant is unwavering that
an amount of R350 000.00 – R400
000.00 with costs on scale A would be a fair and reasonable award in
the circumstances.
[5]
The parties agreed
that the evidence of the experts contained in their respective
affidavits be admitted into evidence on affidavit
and as provided for
in terms of rule 38(2). It was admitted by court. The reports
received on the basis as set out above were those
of Dr L.F. Oelofse
(Orthopaedic Surgeon), Dr I. Wosu (Physician), Ms C. Hearne (Clinical
Psychologist) and Ms J Friedrichs (Occupational
Therapist). The
defendant did not adduce any expert evidence to refute the said
evidence. The evidence was summarized in detail
by both parties in
their heads of argument and I am indebted to them. I will not repeat
it.
[6]
The summary of counsel for the defendant as
per her heads of argument dated 5 June 2024 is in line with the
evidence.
‘
9.1
It is trite that the Plaintiff is entitled to compensation for
physical pain resulting from the
bodily injuries and caused by the
negligent and unlawful driving of a motor vehicle. The amount of
compensation recoverable in
respect of pain and suffering depends on
the
extent
of and
duration
of the pain and suffering actually experienced.
9.2
Important to note in respect of the injuries sustained, is that
Plaintiff relies on only
one RAF4 serious injury assessment report,
being that of the Orthopaedic Surgeon. The focus of Plaintiff's claim
for general damages,
is therefore clearly the orthopaedic injuries
which he was diagnosed with. In this regard, the diagnosis is: (a)
left shoulder
injury with residual biceps tendinitis and (b) Left
knee injury resulting in a chronic painful knee. Medical meniscis
injury /
probable tear, PTOA. Although initial additional injuries
were present, it is the left shoulder and knee, which seem to remain
troublesome.
9.3
The balance of the initial injuries (which caused early and
short-term pain and suffering)
will not be disregarded but rather
considered
in combination with
the longer term
sequalae
of the should (sic)-and knee injury.’
[7]
The balance of the initial injuries and
injuries in total is described by counsel for the plaintiff to be;
and correctly so, as:
‘9.2. Multiple Injuries: Multiple left
sided Rib Fractures, Abdominal Injuries (Splenic injury grade ii and
Kidney Injury
grade iii), Post-post (sic)-traumatic stress Disorder,
Poly Trauma, Crash syndrome, Pulmonary contusion and soft tissue
injuries.’
[8]
Counsel
for plaintiff and defendant assisted the court with caselaw
[1]
applicable
to the facts of this case. I will not repeat it here. With due regard
to the law applicable to the facts
in
casu
the conclusion must be that the amount of R550 000.00 for general
damages will restore justice to the plaintiff.
[9]
As
to costs: rule 67A is clear as to the principles that apply when
costs in civil litigation are at issue. The plaintiff has instructed

senior-junior counsel. Considering the seniority of counsel and the
nature of the case, scale B is to be applied.
[2]
[10]
In the result, I make the following order:
1.
1.1
The issues of merits, future medical expenses and general damages are
separated in terms of rule 33(4)
from the issues of past and future
loss of earnings and past medical expenses. The claims for loss of
earnings and past medical
expenses are postponed for trial to 5, 6,
and 8 November 2024.
1.2
The Defendant is liable to pay 100% (one hundred percent) of the
plaintiffs proven or agreed damages.
1.3
The defendant shall pay the plaintiff the sum of R550 000.00 (five
hundred and fifty thousand) in respect
of general damages.
1.4
The defendant shall pay the abovementioned amount into the
plaintiff’s attorneys’ trust account
the details of which
are as follows:
ACCOUNT
HOLDER:
VZLR INC
BRANCH:

ABSA BUSINESS BANK HILLCREST
BRANCH
CODE:

632005
TYPE OF
ACCOUNT:
TRUST ACCOUNT
ACCOUNT
NUMBER:
3[…]
REFERENCE:

Specialist Surgeon
3.2.3 Claire
Hearne
Clinical Psychologist
3.2.4 Ms J
Friedrichs
Rita van Biljon Occupational
Therapist
3.2.5 Dr AC
Strydom
Industrial Psychologist
3.2.6 Mr J
Sauer

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