Hooggeregshof van Suid-Africa v Senator Versekeringmaatskappy Bpk. (116/9186) [1986] ZASCA 57; [1987] 1 All SA 156 (A) (26 May 1986)

Hooggeregshof van Suid-Africa v Senator Versekeringmaatskappy Bpk. (116/9186) [1986] ZASCA 57; [1987] 1 All SA 156 (A) (26 May 1986)

The Supreme Court of Appeal held that the compensation awarded by the Commissioner under the Workmen's Compensation Act was limited to pecuniary loss and did not include damages for pain and suffering or loss of amenities. The respondent was entitled to claim damages for future medical expenses and non-pecuniary...

Source-derived case information.

Citation
[1986] ZASCA 57
Parties
Appellant: Senator Versekeringmaatskappy Beperk; Respondent: Raymond Claude Bezuidenhout
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
116/9186
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division
Outcome
Appeal dismissed with costs.
Judges
Corbett, Van Heerden, Hefer, Jacobs, Nicholas
Legal Topics
Workmen S Compensation Act, Double Compensation, Pecuniary Loss, Pain and Suffering
Delict Civil Procedure Workmen S Compensation Act Double Compensation Pecuniary Loss Pain and Suffering

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Parties

Senator Versekeringmaatskappy Beperk

Appellant

Raymond Claude Bezuidenhout

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division

  1. 1 Whether the compensation awarded by the Commissioner under the Workmen's Compensation Act should be deducted from the damages claimed by the respondent for future medical expenses and pain and suffering.
  2. 2 Whether the respondent is entitled to claim damages for pain and suffering and loss of amenities in addition to compensation received under the Act.
  3. 3 Whether there was any overlap between the compensation awarded and the damages claimed for non-pecuniary loss.

Ratio Decidendi

The Supreme Court of Appeal held that the compensation awarded by the Commissioner under the Workmen's Compensation Act was limited to pecuniary loss and did not include damages for pain and suffering or loss of amenities. The respondent was entitled to claim damages for future medical expenses and non-pecuniary loss, as these were not covered by the compensation received. The appellant's argument that the total compensation should be deducted from all damages was rejected, as it was based on a misinterpretation of the relevant statutory provisions and case law. The court found that there was no overlap between the compensation awarded and the damages claimed, and that the respondent was...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The respondent is entitled to payment of R15,950 plus costs from the appellant.