Court : South Africa Supreme Court of Appeal
..... it runs counter to those decisions which underscored the importance of compliance with rule 10a (see eg van der merwe v road accident fund (womens legal centre trust as amicae curiae) [2006] zacc 4; 2006 (4) sa 230 (cc) para 7; road accident fund v mdeyide (minister of transport intervening) [2007] zacc 7; 2008 (1) sa 535 (cc) para 27). ..... order of the high court is set aside and replaced as follows: (a) the defendant is to furnish an undertaking in terms of section 17(4)(a) of the road accident fund act 56 of 1996 for future medical expenses incurred by the plaintiff. ..... order of the high court is set aside and replaced as follows: (a) the defendant is to furnish an undertaking in terms of section 17(4)(a) of the road accident fund act 56 of 1996 for future medical expenses incurred by the plaintiff. ..... this does not mean, as was suggested, for instance, in louw v road accident fund (supra) at para 82, that the fund can avoid and frustrate every claim against it indefinitely by simply not taking a decision either ..... and matrix of the legislative scheme [3] as to the history of the legislative scheme, the provisions of sections 17 and 17(1a) that i have referred to were introduced into the act by the road accident fund amendment act 19 of 2005 which took effect on 1 august 2008. ..... judges sitting as court of first instance: road accident fund v duma nicholls j; road accident fund v kubeka trisk aj; road accident fund v meyer coetzee aj; and road accident fund v mokoena mbha j 1. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... this case has to do with the substantive and procedural legal requirements that follow consequent upon the rejection by the road accident fund (raf) of the assessment by one of its own experts that an injury which had been sustained in a motor ..... [14] in both the high court and this court the raf relied strongly on the following passage from road accident fund v duma and three similar cases:[3] the decision whether or not the injury of a third party is serious enough to meet the threshold requirement for an award of general damages was conferred on the ..... [2] the issues arise from changes to the legislative scheme of the road accident fund act 56 of 1996 (the act), which took effect on 1 ..... the order of the high court that the road accident fund is to pay the plaintiff the sum of r350 000 as general ..... these changes were introduced by the road accident fund amendment act 19 of 2005 (the amendment act) together with road accident fund regulations (the regulations) promulgated in terms of the ..... the order of the high court that the road accident fund is to pay the plaintiff the sum of r350 000 as general ..... [7] meyer v road accident fund [2013] zagnphc 446 (4 december 2013) ..... in meyer v road accident fund[7]potterill j expressly disagreed with the correctness of weiner js decision, holding it to ..... [33] in road accident fund v lebeko[15]this court held that, in the absence of the prescribed assessment having been made in terms of the regulations, the high court could not make an order for the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... these included the disproportionate awards for general damages in respect of pain and suffering, loss of amenities of life non-pecuniary damages as between road accident victims who suffer long-term disability, on the one hand, and those who do not, on the other. ..... 2.2 the defendant is ordered to furnish the plaintiff with an undertaking in terms of s 17(4)(a) of the road accident fund act 56 of 1996, to compensate him 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 him arising out of the injuries sustained in the motor vehicle ..... 2.2 the defendant is ordered to furnish the plaintiff with an undertaking in terms of s 17(4)(a) of the road accident fund act 56 of 1996, to compensate him 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 him arising out of the injuries sustained in the motor vehicle ..... the real issue in this appeal is how a serious injury is to be assessed for the purposes of s 17(1a) of the road accident fund act 56 of 1996 (the act). ..... [4] the commissions recommendations were adopted in the road accident fund amendment act 19 of 2005. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... judgment leach ja (brand and shongwe jja, willis and van der merwe ajja concurring): [1] the appellant is the road accident fund, an organ of state established under s 2(1) of the road accident fund act 56 of 1996, having as its primary function the provision of compensation to persons injured through the negligent driving of motor vehicles. ..... the claim forms, together with various supporting documents, including copies of the police accident report form, plan and key as well as the plaintiffs police statement and an affidavit by her explaining the circumstances under which the collision had occurred, were posted to the appellant on 19 august 1998. ..... ] in october 1998, but although he recorded his opinion that whatever fits she might have had were not related to the accident, subsequent entry in p[... .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... statutory form 1 claim form for compensation and medical report; (b) the statutory medical report; (c)a copy of appellant's identity document; (d) a copy of appellant's driver's licence; (e) the statutory affidavit in terms of s 19(f)(i) of the act; (f) a copy of the official accident report; (g) acopy of clinical notes by appellant's physician; (h) a copy of a radiologist's report; (i) a copy of a certificate issued by appellant's employer; (j)a copy of appellant's statement to the investigating officer; (k) a copy of appellant's statement to comply with s 19(f)(i) of the ..... judgment petse ja (navsa and theron jja and swain and legodi ajja concurring): [1] the issue arising in this appeal is whether a claim for compensation lodged with the road accident fund (fund) established in terms of the road accident fund act 56 of 1996 (the act) is rendered invalid because the claim form apparently conveys that it is a claim under s 17(1)(a) of the act whereas it is evident from the accompanying documents that such a claim is in ..... together with his or her claim form as prescribed or within a reasonable period thereafter and if he or she is in a position to do so, an affidavit in which particulars of the accident that gave rise to the claim concerned are fully set out; or (ii) to furnish the fund or such agent with copies of all statements and documents relating to the accident that gave rise to the claim concerned, within a reasonable period after having come into possession thereof. . . .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... on one day, 11 may 2009 he debited for the following hours worked: (a) sekgobela v the road accident fund - 5 hours of r1 000 an hour for perusal and preparation; (b) khumalo v the road accident fund - 4 hours for perusal and preparation; (c) makua v the road accident fund - 5 hours for perusal and preparation; (d) van schalkwyk v the road accident fund - 4 hours for perusal and preparation; (e) maphitshi v the road accident fund - 5 hours for perusal and preparation; (f) mosena v the road ..... taught them which cases stood a risk of proceeding and required rather more preparation, but the conduct of actions against the fund, at least on the merits, is rarely complex, involving as it does a description of how a particular motor accident occurred and an analysis of who was at fault and the degree of their fault. ..... it involved very large amounts of public money plundered from the fund, which exists to compensate the victims of road accidents for the damages they have suffered. ..... the appeals by them against the orders by the court below that they repay certain amounts to the road accident fund (the fund) should, however, succeed. ..... the road accident fund established under the road accident fund act 56 of 1996 is obliged to compensate any person for loss or damage from death or bodily injury caused by or arising from the negligent or other wrongful driving of a motor vehicle. ..... in the north gauteng high court there was a considerable backlog of cases against the road accident fund (the fund). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... similarly in niksch v van niekerkit was held to be vexatious for a witness, who had already testified in a motor collision case that the accident that had occurred was occasioned by the negligence of the driver of the vehicle in which he was a passenger, to bring an action against the driver of the other vehicle involved in the collision in which he alleged that the accident had been caused by that drivers negligence. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... road accident fund v mothupi 2000 (4) sa 38 (sca) para 16. 26. ..... in general accident fire and life assurance corporation ltd. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [12] [29] with reference to the decision of this court in union government v ocean accident and guarantee corporation ltd,[13]neethling et al point out that courts have, as a rule, refused to extend delictual liability for negligent interference with a contractual relationship beyond historically justified instances. ..... [31] sekgota v south african railways and harbours; ramotseo v south african railways and harbours1974 (3) sa 309 (a) at 314d-e; road accident fund v delport no 2006 (3) sa 172 (sca) para 22. ..... [13] union government v ocean accident and guarantee corporation ltd 1956 (1) sa 577 (a). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [21] apdol v road accident fund2013 (2) sa 287 (gnp) para 25. .....
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