Moeketsane Patrick Marasi v Road Accident Fund (164/2021) [2024] ZAFSHC 262 (30 August 2024)

Moeketsane Patrick Marasi v Road Accident Fund (164/2021) [2024] ZAFSHC 262 (30 August 2024)

The court found that the Road Accident Fund is liable for the plaintiff’s past medical and hospital expenses, even though these were paid by the plaintiff’s medical aid, GEMS. The principle of res inter alios acta applies, meaning that collateral benefits received under an insurance contract do not reduce the defendant’s liability. The defendant did not dispute the plaintiff’s evidence or challenge the claim, and the amendment to the claimed amount was accepted. The applicable case law confirms that medical aid payments are irrelevant to the defendant’s liability under the Road Accident Fund Act. Accordingly, judgment was granted in favour of the plaintiff for the reduced amount claimed.

Citation
[2024] ZAFSHC 262
Parties
Plaintiff: Moeketsane Patrick Marasi; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 August 2024
Case Number
164/2021
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment granted in favour of the plaintiff for payment of R76,997.14 within 180 days.
Judges
Ramdeyal AJ
Legal Topics
Road Accident Fund Act, Collateral Benefits, Medical Expenses, Res Inter Alios Acta
Delict Road Accident Fund Act Collateral Benefits Medical Expenses Res Inter Alios Acta

Case Brief

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Parties

Moeketsane Patrick Marasi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the Road Accident Fund is liable for past medical and hospital expenses already paid by the plaintiff's medical aid.
  2. 2 Whether the defendant can raise the medical aid scheme indemnification as a defence to liability for damages.

Ratio Decidendi

The court found that the Road Accident Fund is liable for the plaintiff’s past medical and hospital expenses, even though these were paid by the plaintiff’s medical aid, GEMS. The principle of res inter alios acta applies, meaning that collateral benefits received under an insurance contract do not reduce the defendant’s liability. The defendant did not dispute the plaintiff’s evidence or challenge the claim, and the amendment to the claimed amount was accepted. The applicable case law confirms that medical aid payments are irrelevant to the defendant’s liability under the Road Accident Fund Act. Accordingly, judgment was granted in favour of the plaintiff for the reduced amount claimed.

Court Disposition

Judgment granted in favour of the plaintiff for payment of R76,997.14 within 180 days.

Orders

  • Judgment is granted in favour of the plaintiff for the payment of R76,997.14 within 180 days hereof.
  • Draft order 'X' is made an order of court.