Bezuidenhout v Road Accident Fund (1284/2012) [2024] ZAFSHC 224 (1 August 2024)

Parties

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

1. 1 Is the Road Accident Fund liable to compensate the plaintiff for past medical expenses that were already paid by her medical aid scheme?
2. 2 Does the principle of res inter alios acta apply to exclude the defendant from deducting medical aid payments from the quantum of damages?
3. 3 Is the defendant entitled to reject claims for past medical expenses on the basis that they were settled by a medical aid scheme?

Ratio Decidendi

The court held that the Road Accident Fund is liable to compensate the plaintiff for her proven past medical expenses, notwithstanding that those expenses were already paid by her medical aid scheme. The principle of res inter alios acta, as consistently applied in South African law, dictates that collateral benefits such as medical aid payments do not reduce the quantum of damages recoverable from the wrongdoer. The defendant's reliance on an internal directive and the argument that the plaintiff did not suffer actual loss were rejected, as the RAF Act imposes an obligation to pay full compensation for proven damages. The court found no authority supporting the defendant's position and...

Court Disposition

Plaintiff's claim for past medical expenses succeeds; defendant ordered to pay the sum claimed plus interest and costs on an attorney and client scale.

Orders

• The defendant shall pay the plaintiff a sum of R86,092.75 for past hospital and medical expenses, together with interest at the prescribed legal rate calculated from 14 days after the date of this order to the date of final payment.
• The defendant shall pay the plaintiff's costs on the scale as between attorney and client, including the costs of counsel on scale B of rule 67A of the Uniform Rules.