Mathe v Road Accident Fund (2185/07) [2008] ZANWHC 43 (13 November 2008)

Mathe v Road Accident Fund (2185/07) [2008] ZANWHC 43 (13 November 2008)

The court found that both drivers were negligent. The driver of Bus A was reckless in overtaking the taxi and crossing into the oncoming lane, which was the primary cause of the collision. However, the driver of Bus B failed to keep a proper lookout and did not react as a reasonable driver would have when danger became apparent, thereby contributing to the collision. The court apportioned negligence at 90% to the driver of Bus A and 10% to the driver of Bus B. Consequently, the defendant, Road Accident Fund, is liable to compensate the plaintiff for damages, subject to the apportionment of fault.

Citation
[2008] ZANWHC 43
Parties
Plaintiff: Samuel Hlopheka Mathe; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
13 November 2008
Case Number
2185/07
Procedural Posture
Civil Trial / Determination of Negligence and Quantum
Outcome
Judgment for the plaintiff with costs; liability apportioned 90% to Bus A and 10% to Bus B.
Judges
A A Landman
Legal Topics
Road Accident Liability, Contributory Negligence, Personal Injury, Apportionment of Fault
Delict Road Accident Liability Contributory Negligence Personal Injury Apportionment of Fault

Case Brief

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Parties

Samuel Hlopheka Mathe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Negligence and Quantum

Legal Issues

  1. 1 Was the driver of the oncoming Bus B negligent and did his negligence contribute to the collision and the plaintiff's loss.
  2. 2 What is the apportionment of negligence between the drivers of Bus A and Bus B.

Ratio Decidendi

The court found that both drivers were negligent. The driver of Bus A was reckless in overtaking the taxi and crossing into the oncoming lane, which was the primary cause of the collision. However, the driver of Bus B failed to keep a proper lookout and did not react as a reasonable driver would have when danger became apparent, thereby contributing to the collision. The court apportioned negligence at 90% to the driver of Bus A and 10% to the driver of Bus B. Consequently, the defendant, Road Accident Fund, is liable to compensate the plaintiff for damages, subject to the apportionment of fault.

Court Disposition

Judgment for the plaintiff with costs; liability apportioned 90% to Bus A and 10% to Bus B.

Orders

  • The defendant is ordered to pay the plaintiff's costs.
  • The defendant is liable for damages suffered by the plaintiff, subject to a 10% reduction for contributory negligence attributable to the driver of Bus B.