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This makes him feel bad and embarrassed.The longest routes and cruising time, almost 24 hours staying.40 The usual effect of an unjustment based on contingencies is that the amount of damages is reduced by a percentage which may vary between 5 and.He experiences difficulty in walking from his home to the bus stop, which is a distance away.He uses medication daily to cope with the constant pain and all indications are that he will never be free from pain for any considerable period of time as long as he lives.I am of the view that in the circumstances of this case it would be fair to both parties that the plaintiff should be compensated for his future loss of income or earning capacity in the sum of R1 482 500,00, which should be reduced.It is furthermore trite law that previous awards should be updated to make provision for the decrease in the value of money.His youngest child was born in 1995 and he is keen to be able to afford to take the child to college or university after matric.The effect that his injuries have had in his social life, as testified by the plaintiff, has not been gainsaid and there can be no doubt that the injuries have greatly affected both his social and employment life quite adversely.
As already indicated, he cited examples of Code 14 drivers who are 63 years and older.2069/2011, Eastern Cape, Port Elizabeth, judgment dated, the plaintiff, a 36 village discount thrift store year old male was awarded R380 000,00 for a comminuted fracture of the left tibia and fibula, an injury to the left ankle and a psychological injury.The plaintiff was still on crutches at the time when he returned to work as a truck driver during July 2005 and he had to return to work as his salary would otherwise have been stopped by his employers.Dress UP well, sHOP NOW 'TIS THE season.(12) The Defendant is to pay interest on the Plaintiffs taxed or agreed costs of suit at the rate.5 per annum from a date 14 days after allocatur or agreement to date of payment.41 The provision for contingencies falls squarely within the subjective discretion of the trial Judge on what is reasonable and fair.
53 As already indicated, Ms Watt, counsel for the defendant, has submitted that a proper contingency deduction in this case should.
See Bay Passenger Transport Ltd vs Franzen 1975 (1) SA 269 (A) at 274.