Masiteng v Road Accident Fund (2415/2010) [2012] ZAFSHC 75 (20 April 2012)

Masiteng v Road Accident Fund (2415/2010) [2012] ZAFSHC 75 (20 April 2012)

The court found, on a balance of probabilities, that the insured driver of the defendant was exclusively negligent in causing the accident. The driver failed to keep a proper lookout, drove at excessive speed, and deviated from his correct lane, striking the plaintiff on the pavement. The plaintiff acted reasonably and did not contribute to the accident. The defendant failed to discharge the onus of proving contributory negligence. The quantum of damages was determined by agreement, with the exception of past medical expenses, which were abandoned. The plaintiff was awarded 100% of his claim for damages, and the defendant was ordered to pay costs, including expert fees and interest.

Citation
[2012] ZAFSHC 75
Parties
Plaintiff: Oupa April Masiteng; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 April 2012
Case Number
2415/2010
Procedural Posture
Civil Action / Merits and Quantum
Outcome
Plaintiff's claim succeeds 100% on the merits and quantum.
Judges
M.H. Rampai
Legal Topics
Road Accident Fund Act, Negligence, Quantum of Damages, Contributory Negligence
Delict Civil Procedure Road Accident Fund Act Negligence Quantum of Damages Contributory Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Oupa April Masiteng

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Merits and Quantum

Legal Issues

  1. 1 Was the insured driver of the defendant negligent in causing the collision with the plaintiff?
  2. 2 Did the plaintiff contribute to the causation of the accident through his own negligence?
  3. 3 What is the appropriate quantum of damages to be awarded to the plaintiff?

Ratio Decidendi

The court found, on a balance of probabilities, that the insured driver of the defendant was exclusively negligent in causing the accident. The driver failed to keep a proper lookout, drove at excessive speed, and deviated from his correct lane, striking the plaintiff on the pavement. The plaintiff acted reasonably and did not contribute to the accident. The defendant failed to discharge the onus of proving contributory negligence. The quantum of damages was determined by agreement, with the exception of past medical expenses, which were abandoned. The plaintiff was awarded 100% of his claim for damages, and the defendant was ordered to pay costs, including expert fees and interest.

Court Disposition

Plaintiff's claim succeeds 100% on the merits and quantum.

Orders

  • The defendant shall pay the composite sum of R722,412 to the plaintiff by electronic transfer into the trust account of Blignaut and Wessels at First National Bank, branch number 230833, account number 53550366696, reference number M1333.
  • The capital sum consists of R447,412 for future loss of income and R275,000 for composite general damages.