South Africa: Eastern Cape High Court, Grahamstown

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[2011] ZAECGHC 31
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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