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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

(1)           REPORTABLE: YES / NO

(2)           OF INTEREST TO OTHER JUDGES: YES/NO

(3)           REVISED.

CASE NO:  54654/2016

               

 

In the matter between:

 

LOUISA BOKKIES                                                                                                    Plaintiff 

 

and

 

ROAD ACCIDENT FUND                                                                                        Defendant

 

JUDGMENT

 

NKOSI AJ

 

1.            Having heard all the parties submissions the court had an opportunity to evaluate and to consider their presentations and the written heads of arguments.

2.            The court had further considered the fact that the parties have settled the issue of merits at 100% in favour of the Plaintiff and the Defendant ordered to make an interim payment in the amount of R150 000.00 to the Plaintiff.

3.            It was further agreed that on the 14 May 2020 that no oral evidence would be led and that the parties would agree the matter on the Plaintiff’s Medico reports.

4.            What remained in dispute was

1.    The general damages

2.    Loss of income on the basis of applicable contingencies to be applied to the scenario as postulated by the Plaintiff’s industrial psychologist.

5.            The injuries sustained and sequelae

It is common case that the Plaintiff sustained the following injuries from the motor vehicle accident:

-       Multiple lacerations to the face

-       Mild closed head injury with loss of consciousness for a few minutes and post traumatic amnesia for least 20 minutes

-       Loose upper and Lower jaw

-       Regular headaches

-       Disfiguring scars on the face

-       Post-traumatic stress syndrome and depression

-       Dizziness

-       Epilepsy which started two weeks after the accident

-       It was further submitted that Plaintiff’s future ability to work would be affected by the epilepsy which has an effect on her academic and cognitive performance especially short-term memory and speed of execution or even her future ability to work the epileptic medication.

-       This will cause her longevity to be affected

-       The Neurologist: Dr Kritzinger’s

-       Plastic Surgeon: Dr Pienaar 

-       Occupational Therapist:

-       Industrial Psychologist: B Maritz – clearly outlined the pre-morbid and post-morbid earning that the accident had a serve impact as an unskilled worker at the age 24 years old. She would most probably retire at age 65. The life has been curtailed by 5 years. It was submitted that Plaintiff has a figurative sword hanging over her head permanently as a result of the accident and that an amount of R850 00.00 for general damages can be fair.

6.            Looking at the submissions more especially Dr Kritzinger’s  conclusion that he Plaintiff had in all probability post-traumatic epilepsy, is common cause between the parties and should be treated as such and the court accepts it as such. The Defendant’s rejection of general damages by the Defendant is not accepted. The case law referred to by both parties considered in totality lean in favour of the Plaintiff. The contingencies deduction remains the prerogative of the court if the parties cannot agree. The court ensures that the amount requested by the Plaintiff is fair and reasonable and it represents the damages taking into account the contingency declaration.

It is therefore ordered, on Plaintiff’s behalf, that a fair compensation be calculated as follows:

(a)  Loss of income        R101 242.80

(b)  General damages    R850 000.00

(c)  Total                         R1869 242.80

Less interim payment to be deducted: R150 000.00

(d)  Final award being:    R1 719 242.80

(e)  Certificate in terms of section 17(4)

(f)   Costs of action on party to party scale

7.            This is the order of the court.

 

VRSN NKOSI (AJ)

ACTING JUDGE OF THE HIGH COURT

OF SOUTH AFRICA, GAUTENG

DIVISION, PRETORIA

 

Heard on:  19 May 2020

Judgment delivered:  02 June 2020

 

Appearances:

For the Plaintiff:      Adv K Strydom

Instructed by:          Ehlers Attorneys

 

For the Defendant:   Adv M Senyatsi

Instructed by:           Moche Attorneys

 

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