Chipwatali v Road Accident Fund (6629/2015) [2016] ZAGPPHC 1056 (15 December 2016)

Chipwatali v Road Accident Fund (6629/2015) [2016] ZAGPPHC 1056 (15 December 2016)

The court found that the insured vehicle was stationary when the insured driver opened the door, and the probabilities favored the insured driver's version. The opening of the driver's door of a stationary vehicle does not constitute 'driving' as contemplated by section 17(1)(a) of the Road Accident Fund Act. The act of opening the door was independent of the driving of the vehicle and did not arise from the driving thereof. The plaintiff failed to establish that the defendant was liable under the Act for the injuries sustained. The plea by the defendant, which appeared to admit applicability of the Act, was incorrect in law and did not bind the court to a finding of liability. The matter...

Citation
[2016] ZAGPPHC 1056
Parties
Plaintiff: GN Chipwatali; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 December 2016
Case Number
6629/2015
Procedural Posture
Civil Trial / Judgment After Trial on Merits (liability Only; Quantum Separated)
Outcome
Absolution from the instance granted; each party to pay its own costs.
Judges
DP de Villiers
Legal Topics
Road Accident Fund Act, Driving Definition, Negligence, Absolution From Instance
Delict Road Accident Fund Act Driving Definition Negligence Absolution From Instance

Case Brief

Summary, issues, holding and outcome

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Parties

GN Chipwatali

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Merits (liability Only; Quantum Separated)

Legal Issues

  1. 1 Does the opening of a stationary vehicle's driver's door constitute 'driving' for purposes of section 17(1)(a) of the Road Accident Fund Act?
  2. 2 Is the defendant liable for the plaintiff's injuries arising from the collision with the opened door?
  3. 3 Was the plaintiff's version of events more probable than the insured driver's version?

Ratio Decidendi

The court found that the insured vehicle was stationary when the insured driver opened the door, and the probabilities favored the insured driver's version. The opening of the driver's door of a stationary vehicle does not constitute 'driving' as contemplated by section 17(1)(a) of the Road Accident Fund Act. The act of opening the door was independent of the driving of the vehicle and did not arise from the driving thereof. The plaintiff failed to establish that the defendant was liable under the Act for the injuries sustained. The plea by the defendant, which appeared to admit applicability of the Act, was incorrect in law and did not bind the court to a finding of liability. The matter...

Court Disposition

Absolution from the instance granted; each party to pay its own costs.

Orders

  • Absolution from the instance is granted.
  • Each party is to pay its own costs.