24362/2016-adj 2 JUDGMENT
2023-07-27
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, Pretoria
CASE NO: 24362/2016
DATE: 2023-07-27
DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: YES / NO. (2) OF INTEREST TO OTHER JUDGES: YES / NO. (3) REVISED. DATE SIGNATURE |
In the matter between
H STOFFEL Applicant
and
ROAD ACCIDENT FUND Accused
EX TEMPORE JUDGMENT
HOLLAND-MUTER, J:
[1] Matter 6 on our roll, case 24362/2016, it is Hans Stoffel v Road Accident Fund. The parties argued the matter before me on the heads of arguments and the expert reports of the Plaintiff. The only aspect in dispute from the defendant's side is the 40% and/or, as she proposed, 25% contingency deducting post, post-accident. Why you want to deduct the normal 25%? You sit here with a person who is, the whole person impairment, a WPI of 36%, that is rather high, it is not the normal contingency deductions to apply here.
[2] I am satisfied under the circumstances, having heard all the parties, that a post-accident deduction of 40% would be fair and justified and therefore grants the order as prayed for.
[3] This matter, as indicated, draft order XYZ, is made an order of Court.
…………………………
HOLLAND-MUTER, J
JUDGE OF THE HIGH COURT
DATE: ……………….