Mashinini v Road Accident Fund (14849/13) [2014] ZAGPPHC 726 (19 September 2014)

Mashinini v Road Accident Fund (14849/13) [2014] ZAGPPHC 726 (19 September 2014)

The court held that section 36 of the Compensation Occupational Injuries and Diseases Act requires the full amount awarded by the Compensation Commissioner to be deducted from the damages payable by the Road Accident Fund, not merely the amount already paid. The plaintiff's argument that only the paid portion should be deducted was rejected, as the statutory provision and the precedent in RAF v Maphiri make it clear that the entire award must be considered. The plaintiff's difficulties with the adequacy or administration of the monthly payments are matters between the plaintiff and the Commissioner, not the defendant. The application to stop future payments and order the defendant to pay...

Citation
[2014] ZAGPPHC 726
Parties
Plaintiff: Nomfundu J Mashinini; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 September 2014
Case Number
14849/13
Procedural Posture
Civil Trial / Quantification of Damages After Settlement of Merits
Outcome
Plaintiff's application dismissed. Defendant ordered to pay the difference between the total damages and the Compensation Commissioner's award. Costs apportioned as per amended draft order.
Judges
BAM
Legal Topics
Loss of Support, Compensation for Dependants, Compensation Occupational Injuries and Diseases Act, Deduction of Compensation, Costs Orders
Civil Procedure Delict Loss of Support Compensation for Dependants Compensation Occupational Injuries and Diseases Act Deduction of Compensation Costs Orders

Case Brief

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Parties

Nomfundu J Mashinini

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Settlement of Merits

Legal Issues

  1. 1 Whether the amount awarded by the Compensation Commissioner under the Compensation Occupational Injuries and Diseases Act should be deducted from the damages payable by the Road Accident Fund.
  2. 2 Whether only the amount already paid by the Commissioner should be deducted, or the full award.
  3. 3 Whether the defendant should be ordered to pay the balance of the compensation not yet paid by the Commissioner.

Ratio Decidendi

The court held that section 36 of the Compensation Occupational Injuries and Diseases Act requires the full amount awarded by the Compensation Commissioner to be deducted from the damages payable by the Road Accident Fund, not merely the amount already paid. The plaintiff's argument that only the paid portion should be deducted was rejected, as the statutory provision and the precedent in RAF v Maphiri make it clear that the entire award must be considered. The plaintiff's difficulties with the adequacy or administration of the monthly payments are matters between the plaintiff and the Commissioner, not the defendant. The application to stop future payments and order the defendant to pay...

Court Disposition

Plaintiff's application dismissed. Defendant ordered to pay the difference between the total damages and the Compensation Commissioner's award. Costs apportioned as per amended draft order.

Orders

  • The defendant is ordered to pay to the plaintiff the amount of R100 152.00 (R946 112 less the Compensation Commissioner's award of R845 960.00), payable on or before 1 October 2014 to the credit of the trust account of the plaintiff's attorneys of record.
  • The defendant is ordered to pay the plaintiff's costs up to and including 9 September 2014, including the costs of senior junior counsel.