Modirapula v Road Accident Fund (28560/2006) [2009] ZAGPPHC 200 (11 June 2009)

Modirapula v Road Accident Fund (28560/2006) [2009] ZAGPPHC 200 (11 June 2009)

The court found that both the plaintiff and the insured driver were negligent. The plaintiff was attempting to cross the road at an unsafe time and failed to exercise a proper lookout, while the insured driver did not keep a proper lookout and failed to take reasonable steps to avoid the collision. The evidence, including the sketch plan and photographs, supported the conclusion that the plaintiff was crossing the road when struck. The court held that the insured driver bore a greater responsibility for the accident. Accordingly, the court applied the Apportionment of Damages Act and apportioned 40% negligence to the plaintiff and 60% to the defendant. The quantum of damages was not...

Citation
[2009] ZAGPPHC 200
Parties
Plaintiff: Margaret Sebotseng Modirapula; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 June 2009
Case Number
28560/2006
Procedural Posture
Civil Trial / Merits and Quantum Separated; Judgment on Merits
Outcome
Judgment granted in favour of the plaintiff with apportionment of damages; costs awarded to the plaintiff.
Judges
TJ Vilakazi
Legal Topics
Road Accident Liability, Contributory Negligence, Apportionment of Damages Act, Personal Injury, Quantum of Damages
Delict Civil Procedure Road Accident Liability Contributory Negligence Apportionment of Damages Act Personal Injury Quantum of Damages

Case Brief

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Parties

Margaret Sebotseng Modirapula

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits and Quantum Separated; Judgment on Merits

Legal Issues

  1. 1 Whether the insured driver was negligent and caused the collision resulting in the plaintiff's injuries.
  2. 2 Whether the plaintiff was contributorily negligent in the circumstances of the accident.
  3. 3 The appropriate apportionment of damages under the Apportionment of Damages Act, 1956.

Ratio Decidendi

The court found that both the plaintiff and the insured driver were negligent. The plaintiff was attempting to cross the road at an unsafe time and failed to exercise a proper lookout, while the insured driver did not keep a proper lookout and failed to take reasonable steps to avoid the collision. The evidence, including the sketch plan and photographs, supported the conclusion that the plaintiff was crossing the road when struck. The court held that the insured driver bore a greater responsibility for the accident. Accordingly, the court applied the Apportionment of Damages Act and apportioned 40% negligence to the plaintiff and 60% to the defendant. The quantum of damages was not...

Court Disposition

Judgment granted in favour of the plaintiff with apportionment of damages; costs awarded to the plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff R522,486.29.
  • Interest on the above amount at 15.5% per annum from date of judgment to date of payment.