Molakeng v Padongelukfonds (53523/07) [2010] ZAGPPHC 201 (16 November 2010)

Molakeng v Padongelukfonds (53523/07) [2010] ZAGPPHC 201 (16 November 2010)

The court held that section 36(2) of the Compensation for Occupational Injuries and Diseases Act requires the deduction of compensation received under the Act from any damages awarded for loss of support against the Road Accident Fund. The Supreme Court of Appeal's decision in Sasol Synthetic Fuels (Pty) Ltd and Others v Lambert and Others is binding and confirms that there is no conflict between the relevant statutory provisions. The discretion referenced in Erasmus, Ferreira & Ackerman and Others does not apply to statutory compensation under the Act. Accordingly, the compensation received by the applicant and her children must be deducted from the agreed quantum of damages, resulting...

Citation
[2010] ZAGPPHC 201
Parties
Applicant: Mamonate Sarah Molakeng; Respondent: Padongelukfonds (Road Accident Fund)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 November 2010
Case Number
53523/07
Procedural Posture
Civil Trial / Final Judgment
Outcome
The applicant's claim for loss of support is reduced by the amount of statutory compensation received, and judgment is granted for the lower agreed amount.
Judges
B.R. du Plessis
Legal Topics
Loss of Support, Compensation for Occupational Injuries, Statutory Deductions, Quantification of Damages
Civil Procedure Delict Loss of Support Compensation for Occupational Injuries Statutory Deductions Quantification of Damages

Case Brief

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Parties

Mamonate Sarah Molakeng

Applicant

Padongelukfonds (Road Accident Fund)

Respondent

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether compensation received under the Compensation for Occupational Injuries and Diseases Act must be deducted from the quantified claim for loss of support against the Road Accident Fund.
  2. 2 Whether there is a conflict between section 36(2) of the Compensation for Occupational Injuries and Diseases Act and section 1(1) of the Calculation of Damages Act regarding such deductions.
  3. 3 Whether the court has discretion not to deduct statutory compensation from the damages awarded.

Ratio Decidendi

The court held that section 36(2) of the Compensation for Occupational Injuries and Diseases Act requires the deduction of compensation received under the Act from any damages awarded for loss of support against the Road Accident Fund. The Supreme Court of Appeal's decision in Sasol Synthetic Fuels (Pty) Ltd and Others v Lambert and Others is binding and confirms that there is no conflict between the relevant statutory provisions. The discretion referenced in Erasmus, Ferreira & Ackerman and Others does not apply to statutory compensation under the Act. Accordingly, the compensation received by the applicant and her children must be deducted from the agreed quantum of damages, resulting...

Court Disposition

The applicant's claim for loss of support is reduced by the amount of statutory compensation received, and judgment is granted for the lower agreed amount.

Orders

  • The draft order marked 'X' is made an order of court.
  • The applicant is ordered to pay the respondent's costs incurred for the argument on 5 November 2010.