Mbhemi v Road Accident Fund (050565/2022) [2025] ZAGPJHC 302 (30 January 2025)

Mbhemi v Road Accident Fund (050565/2022) [2025] ZAGPJHC 302 (30 January 2025)

The court found that the applicant was injured as a pedestrian on a pedestrian crossing in a hit and run accident. The evidence, including affidavits and police documentation, supported the applicant's version. No apportionment of liability was appropriate as the accident occurred on a pedestrian crossing. The applicant abandoned his claim for past medical expenses and postponed the claim for general damages. The court awarded an undertaking for future hospital, medical, and ancillary expenses. Regarding future loss of earnings, the court noted the lack of collateral evidence but, constrained by the pleadings, awarded the amount claimed. The Road Accident Fund was held liable for 100% of...

Citation
[2025] ZAGPJHC 302
Parties
Applicant: Masibulele Mbhemi; Respondent: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 January 2025
Case Number
050565/2022
Procedural Posture
Default Judgment / Trial
Outcome
The applicant's claims for future hospital, medical, and ancillary expenses and future loss of earnings are granted. The Road Accident Fund is liable for 100% of substantiated damages. Costs are awarded to the applicant.
Judges
Weideman
Legal Topics
Road Accident Fund Act, Personal Injury, Future Medical Expenses, Loss of Earnings
Civil Procedure Delict Road Accident Fund Act Personal Injury Future Medical Expenses Loss of Earnings

Case Brief

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Parties

Masibulele Mbhemi

Applicant

Road Accident Fund

Respondent

Procedural Posture

Default Judgment / Trial

Legal Issues

  1. 1 Whether the Road Accident Fund is liable for damages arising from a hit and run accident involving the applicant as a pedestrian.
  2. 2 Whether any apportionment of liability is appropriate given the circumstances of the accident.
  3. 3 Whether the applicant is entitled to future hospital, medical, and ancillary expenses.

Ratio Decidendi

The court found that the applicant was injured as a pedestrian on a pedestrian crossing in a hit and run accident. The evidence, including affidavits and police documentation, supported the applicant's version. No apportionment of liability was appropriate as the accident occurred on a pedestrian crossing. The applicant abandoned his claim for past medical expenses and postponed the claim for general damages. The court awarded an undertaking for future hospital, medical, and ancillary expenses. Regarding future loss of earnings, the court noted the lack of collateral evidence but, constrained by the pleadings, awarded the amount claimed. The Road Accident Fund was held liable for 100% of...

Court Disposition

The applicant's claims for future hospital, medical, and ancillary expenses and future loss of earnings are granted. The Road Accident Fund is liable for 100% of substantiated damages. Costs are awarded to the applicant.

Orders

  • The plaintiff's application in terms of rule 38(2) is granted.
  • The plaintiff's application in terms of Rule 33(4) to separate out the claim for general damages and to postpone same sine die is granted.