The Road Accident Fund v Delport NO

Helen van Rooyen suffered catastrophic and permanent injuries in a motor vehicle collision on 16 January 1997, leaving her profoundly disabled, unable to speak, work, or care for herself, and requiring lifelong institutional care. Her curator ad litem, Petrus Jacobus Delport NO, sued the Road Accident Fund (RAF) for damages. The Pretoria High Court awarded total damages of R3 616 697,57, including compensation for loss of earning capacity and general damages. The RAF appealed only against the quantum awarded for loss of earning capacity and general damages, contending that these amounts were excessive.

The appeal was dismissed with costs, including the costs of employing two counsel. The High Court’s awards for loss of earning capacity and general damages were confirmed.

The case is significant for reaffirming the limited scope of appellate interference in the assessment of damages, particularly general damages and loss of earning capacity. It underscores the discretion of trial courts in quantum determinations and clarifies that defendants cannot benefit from speculative cost savings arising from a plaintiff’s disability. It also reflects judicial criticism of the Road Accident Fund’s post-judgment conduct.