Bester obo C & E.N v Road Accident Fund (3200/2019) [2024] ZAECMKHC 67 (30 May 2024)

Parties

Procedural Posture

Civil Trial / Determination of Past Hospital and Medical Expenses; Other Heads of Damages Settled; Loss of Support Postponed Sine Die

Legal Issues

1. 1 Whether evidence of past hospital and medical expenses may be adduced by affidavit.
2. 2 Whether the plaintiff is entitled to compensation for past hospital and medical expenses paid by a medical aid scheme.
3. 3 Whether costs should be reserved for later determination.

Ratio Decidendi

The court exercised its discretion under Rule 38(2) to allow evidence of past hospital and medical expenses to be adduced by affidavit, as the defendant did not oppose this method and the evidence was undisputed. The court found that payment of medical expenses by a medical aid scheme does not absolve the defendant of liability to the plaintiff. The principle of res inter alios acta applies, meaning the defendant cannot benefit from payments made by third parties such as medical aids. The plaintiff is entitled to recover the expenses from the defendant and is obliged to reimburse the medical scheme upon receipt. There is no legal justification for the defendant to avoid payment of these...

Court Disposition

Plaintiff's claim for past hospital and medical expenses succeeds; defendant is ordered to pay specified amounts and costs.

Orders

• The Defendant is liable to pay the plaintiff’s past hospital and medical expenses for C[...] N[...] in the sum of R43,258.20 and for E[...] N[...] in the sum of R26,848.48, payment to be made into the Trust Account of Plaintiff’s Attorneys, AC De Sousa Attorneys.
• The Defendant is liable for the costs of suit, including cost of Counsel on Scale B and costs of reservation and attendance upon consultations with Mr. Jean du Rand (Industrial Psychologist), Human & Morris (Actuaries), and Karen Andrews (Clinical Psychologist).