Prince Kgosi Khambule v Road Accident Fund

The plaintiff, born on 11 May 1991, was injured in a motor vehicle accident on 19 June 2013 caused by the negligence of the Road Accident Fund’s insured driver. He sustained multiple bodily injuries, including chest, shoulder, back, neck and head injuries. Liability for the accident was settled on 15 March 2018, with the RAF accepting 100% liability for the plaintiff’s proven damages. The seriousness of the injuries for purposes of general damages had not yet been determined, and general damages were separated. The court was required to determine past and future medical expenses and past and future loss of earnings. The plaintiff alleged that his injuries prevented him from pursuing a career as a firefighter and resulted in loss of income. Extensive expert evidence, particularly from an industrial psychologist and actuary, was placed before the court, though the court found aspects of this evidence to be factually and analytically deficient.

Judgment was granted in favour of the plaintiff. The RAF was ordered to pay a total capital amount of R2,278,122.21, comprising R77,152.21 for past medical expenses, R746,675.00 for past loss of earnings, and R1,454,295.00 for future loss of earnings. The RAF was further ordered to furnish an unlimited undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for future medical costs and to pay the plaintiff’s party-and-party costs on the High Court scale. General damages were postponed sine die.

The judgment illustrates the High Court’s cautious and critical approach to expert evidence in Road Accident Fund matters, particularly in relation to speculative career paths and income projections. It underscores the importance of factually accurate pre-accident scenarios and properly motivated assumptions in actuarial and industrial psychological reports when assessing loss of earnings.