Modan v Road Accident Fund (14435/2009) [2011] ZAGPJHC 192 (7 December 2011)

Modan v Road Accident Fund (14435/2009) [2011] ZAGPJHC 192 (7 December 2011)

The court found that both drivers deviated from the standard of a reasonable driver. Kubheka failed to keep a proper lookout and did not reduce speed when approaching the intersection, and his explanation regarding a tree obscuring his vision was rejected as a fabrication. Khan, the Golf driver, admitted he did not look to his right before entering the intersection. The court determined that both drivers were substantially to blame, but as the minor child was a passenger, her claim succeeded in full if any contributory negligence was established against Kubheka. The court accepted the plaintiff's expert evidence regarding the minor child's neuropsychological deficits and reduced earning...

Citation
[2011] ZAGPJHC 192
Parties
Plaintiff: Bilkes Modan obo N M; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 December 2011
Case Number
14435/2009
Procedural Posture
Civil Trial / Judgment After Trial on Liability and Quantum
Outcome
Judgment for the plaintiff in her personal capacity and as mother and natural guardian of the minor child N M.
Judges
G S S Maluleke
Legal Topics
Road Accident Fund Act, Negligence, Personal Injury, Quantum of Damages, Contributory Negligence
Delict Civil Procedure Road Accident Fund Act Negligence Personal Injury Quantum of Damages Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Bilkes Modan obo N M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Liability and Quantum

Legal Issues

  1. 1 Whether the defendant is liable for damages arising from the motor vehicle collision on 25 April 2003.
  2. 2 Whether the driver of the minibus was negligent and caused the collision.
  3. 3 Whether the minor child suffered neuropsychological and cognitive deficits as a result of the accident.

Ratio Decidendi

The court found that both drivers deviated from the standard of a reasonable driver. Kubheka failed to keep a proper lookout and did not reduce speed when approaching the intersection, and his explanation regarding a tree obscuring his vision was rejected as a fabrication. Khan, the Golf driver, admitted he did not look to his right before entering the intersection. The court determined that both drivers were substantially to blame, but as the minor child was a passenger, her claim succeeded in full if any contributory negligence was established against Kubheka. The court accepted the plaintiff's expert evidence regarding the minor child's neuropsychological deficits and reduced earning...

Court Disposition

Judgment for the plaintiff in her personal capacity and as mother and natural guardian of the minor child N M.

Orders

  • Payment of the sum of R1,726,952.00 to the plaintiff.
  • Interest on the said amount at 15.5% per annum calculated from 14 days after the date of judgment to date of payment.