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Tabata v Road Accident Fund (809/09) [2011] ZAECGHC 31 (8 June 2011)

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IN THE HIGH COURT OF SOUTH AFRICA

(EASTERN CAPE – GRAHAMSTOWN)


CASE NO: 809/09

DATE HEARD: 02/06/2011

DATE DELIVERED: 08/06/2011


In the matter between


NOMATHEMBA AUDREY TABATA …..........................................................PLAINTIFF


and


ROAD ACCIDENT FUND ….......................................................................DEFENDANT

________________________________________________________________

ORDER

________________________________________________________________

ROBERSON J:-


The defendant is ordered:


[1] To pay to the plaintiff damages in the sum of R388 539.00, made up as follows:


General damages R100 000.00

Past loss of earnings R33 912.00

Future loss of earnings R254.627.00


[2] To pay interest on the above amount at the legal rate from a date 14 days after the date of this order


[3] To furnish the plaintiff with an undertaking in terms of s 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 a service or supplying of goods to the plaintiff after such costs have been incurred and on proof thereof:


[4] To pay the plaintiff’s costs of suit together with interest thereon at the legal rate from 14 days after taxation to date of payment, such costs to include:


4.1 The travelling costs of the plaintiff’s counsel in attending consultations with expert and other witnesses.

4.2 The travelling costs, consultation fees, reservations, appearance fees, if any, and the qualifying expenses, if any, of the following experts:


Mr. Johan Lourens, industrial psychologist

Dr. Carl Liebetrau, orthopaedic surgeon

Ms Susan Human, occupational therapist

Mr. Wim Loots, actuary.




______________

J M ROBERSON

JUDGE OF THE HIGH COURT





Appearances:

Plaintiff: Advocate N. Schoeman, instructed by Netteltons Attorneys, Grahamstown


Defendant: Ms F. Bosman, Dullabh Attorneys, Grahamstown