Myburgh v Road Accident Fund (58762/2017) [2022] ZAGPPHC 583 (12 August 2022)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2022 >> [2022] ZAGPPHC 583 | Noteup | LawCite sino index ## Myburgh v Road Accident Fund (58762/2017) [2022] ZAGPPHC 583 (12 August 2022) Myburgh v Road Accident Fund (58762/2017) [2022] ZAGPPHC 583 (12 August 2022) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2022_583.html sino date 12 August 2022 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case number: 58762/2017 REPORTABLE: NO OF INTEREST TO OTHER JUDGES: NO REVISED: YES 11 August 2022 JUSTIN MYBURGH PLAINTIFF And THE ROAD ACCIDENT FUND                                                    DEFENDANT Delivered: this judgment was prepared and authored by the judge whose name is reflected herein and is handed down electronically and by circulation to the parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. ADDENDUM JUDGMENT LESO AJ INTRODUCTION [1]        The addendum is made pursuant to the judgment that I handed down on 17 June 2022. [2]        On 27 August 2019, before DJP Ledwaba the parties reached an agreement to settle the merits on the basis that the defendant shall pay 70% of the plaintiff's proven or agreed damages. I found that the plaintiff was entitled to loss of earnings in the amount of R 2 353 864.00 before merits apportionment. In my calculation of the loss of earnings, I made an error by subtracting 70% instead of 30% from the amount of loss of earnings. Consequently, I awarded the plaintiff an amount of R706 159.00 whereas I should awarded an amount of R1 647 704.80 for loss of earning. [3]        On the judgment it did not make an order regarding general damages. ACCORDINGLY, I MAKE THE FOLLOWING ORDER 1. The plaintiff's claim for general damages is postponed sine die. 2. The defendant shall pay the Plaintiff an amount of R 1 647 704.80 . JT LESO Acting Judge of the High Court Date of Hearing:                            12 October 2021 Judgment Delivered:                     17 June 2022 Date of amended judgment:          12 August 2022 For the Plaintiff:                              Pruyt Inc Plaintiff’s representative:                Adv Venter Contact No:                                    082-412 0939 Email Address: pieterventer@lawcircle.co.za For the Defendant:                         Unrepresented sino noindex make_database footer start