Ntombela v Road Accident Fund (14548/2013) [2023] ZAGPJHC 170 (24 February 2023)

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: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 170 | Noteup | LawCite sino index ## Ntombela v Road Accident Fund (14548/2013) [2023] ZAGPJHC 170 (24 February 2023) Ntombela v Road Accident Fund (14548/2013) [2023] ZAGPJHC 170 (24 February 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_170.html sino date 24 February 2023 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 (GAUTENG DIVISION, JOHANNESBURG)' REPUBLIC OF SOUTH AFRICA CASE NO : 14548/2013 (1)    REPORTABLE: NO (2)    OF INTEREST TO OTHER JUDGES: NO (3)    REVISED: NO DATE: 24 FEBRUARY 2023 In the matter between: NTOMBELA NOMASWAZI NOLUTHANDO PLAINTIFF And ROAD ACCIDENT FUND DEFENDANT Delivered: By transmission to the parties via email and uploading onto Case Lines the Judgment is deemed to be delivered. The date for hand-down is deemed to be 24 February 2023. JUDGMENT SENYATSI J: [1]    This is an application for default judgment against RAF. The claim was launched by the plaintiff Ntombela Bella, on behalf of Nomaswazi Noluthando Ntombela, who at the time the summons was issued, was a minor. [2]    The child was a passenger in a bus that overturned on 3 October 2011 at about 00h30 on the N3, Harrismith following a collision with three other vehicles. [3]    RAF filed appearance to defend and plea to the claim. However, when ordered by Cajee AJ on 20 January 2021, to attend a pre-trial meeting within 10 days of the order, it failed to comply as a result of which its plea was struck out on 2 March 2022 by Mdalana- Mayisela J. [4]    The matter was set down for hearing on an undefended basis on 23 February 2023. The notice of set down was served on the RAF. [5]    As the matter was progressing the minor child reached the age of majority and she substituted the initial plaintiff and this was done in terms of the Rule 28 notice served on RAF on 13 January 2023. [6]    In the said Notice, paragraph 9 of the particulars of claim was amended to read as follows: “ 7. As a result of the collision the Plaintiff sustained the following injuries (i)          Future medical expenses: Under-taking (ii)         Future loss of income R4 653 730.00 (iii)       General damages R1 200 000.00” [7]    No objection was filed on behalf of RAF for the proposed amendment and the subsequent amendment. [8]    On the hearing of the matter, Advocate Mabena (Ms) appeared for the Plaintiff and Mr Ngomana from the State Attorney, appeared for the RAF. The latter informed me that he received instruction three weeks prior to the hearing of the matter and conceded that the default judgment was unopposed. The only point he wanted to take was that since the general damages were rejected on the morning of the hearing, the court did not have jurisdiction to deal with the hearing of “general damages.” [9]    In opposing the submission by Mr Ngomane, Ms Mabena referred me to RAF 4 completed by Dr AN Mogotsi on 11 April 2014 which sets out the extent of the injuries sustained. [10]  I hold the view that the injuries sustained are supported by the expert reports filed of record. This is so having regard to the fact that RAF has failed to file its own experts reports to gainsay the expert reports submitted by the plaintiff. [11]  Regard being had to the heads or argument submitted on behalf of the plaintiff and more importantly, in exercise of the discretion of this court the order will be made as hereunder. ORDER [12]  It is ordered that: 12.1. The Defendant is liable for 100% in favour of the plaintiff’s proven damages as the result of the motor vehicle accident that occurred on the 03 October 2011. 12.2. The Defendant shall pay the Plaintiff the amount of R 790 000.00 in respect of the issues of General Damages. 12.3. The Defendant shall pay the Plaintiff an amount of R 2 510 000.00(two million five hundred and ten thousand rand). This amount is with respect to the future loss of earning capacity suffered as the result of the said motor vehicle accident. 12.4. Defendant shall pay the amount of R 3 300 000.00 before the 03 April 2023 of into the following bank account; · NAME OF ACCOUNT:      N.T Mdlalose Incorporated Trust Account · BANK:                               Nedbank · BRANCH CODE:              198765 · ACCOUNT NO:                 [….] 12.5. The Defendant shall furnish to the Plaintiff an 100% undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 , for the costs of the future accommodation of the plaintiff in a hospital or nursing home, or treatment of or rendering of service or supplying of goods to the plaintiff, arising out of the injuries sustained in a motor vehicle collision, and the sequelae thereof, after such costs have been incurred and upon proof thereof. 12.6. The Defendant shall pay the Plaintiff’s taxed or agreed party and party costs which shall including Counsel’s fees for two days, on the applicable High Court Scale as well as the qualifying fees of experts if any. 12.7. In the event that the costs are not agreed, the parties agreed as follow: (a) The Plaintiff shall serve the notice of taxation on the Defendant ‘s Attorney of Record; and (b) The Plaintiff shall afford the Defendant seven (14) days to pay the taxed costs of suit. 12.8. The Plaintiff and his attorney have entered into a contingency fee agreement and it complies with the Contingency Fees Agreement Act 66 of 1997. ] ML SENYATSI JUDGE OF THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG DATE JUDGMENT RESERVED: 23 February 2023 DATE JUDGMENT DELIVERED: 24 February 2023 APPEARANCES Counsel for the Plaintiff:               Adv N Mabena Instructed by:                               Mdlalose Inc Counsel for the Defendant:          Mr TH Ngomana Instructed by:                               State Attorney sino noindex make_database footer start