IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA

Case number: 58762/2017
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
REVISED: YES
11 August 2022

JUSTIN MYBURGH							PLAINTIFF
And
THE ROAD ACCIDENT FUND					DEFENDANT
Delivered: this judgment was prepared and authored by the judge whose name is reflected herein and is handed down electronically and by circulation to the parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. 

ADDENDUM JUDGMENT

LESO AJ
INTRODUCTION 
[1]	The addendum is made pursuant to the judgment that I handed down on 17 June 2022. 
[2]	On 27 August 2019, before DJP Ledwaba the parties reached an agreement to settle the merits on the basis that the defendant shall pay 70% of the plaintiff's proven or agreed damages. I found that the plaintiff was entitled to loss of earnings in the amount of R 2 353 864.00 before merits apportionment. In my calculation of the loss of earnings, I made an error by subtracting 70% instead of 30% from the amount of loss of earnings. Consequently, I awarded the plaintiff an amount of R706 159.00 whereas I should awarded an amount of R1 647 704.80 for loss of earning.
[3]	On the judgment it did not make an order regarding general damages.

ACCORDINGLY, I MAKE THE FOLLOWING ORDER
1.	The plaintiff's claim for general damages is postponed sine die.

2.	The defendant shall pay the Plaintiff an amount of R 1 647 704.80. 

JT LESO 
Acting Judge of the High Court

Date of Hearing:			12 October 2021
Judgment Delivered:		17 June 2022
Date of amended judgment:	12 August 2022
For the Plaintiff:						Pruyt Inc
Plaintiff’s representative:					Adv Venter
Contact No:							082-412 0939
Email Address:						pieterventer@lawcircle.co.za
For the Defendant:						Unrepresented