Molekwa v Road Accident Fund (54601/16) [2017] ZAGPPHC 506 (18 August 2017)

Molekwa v Road Accident Fund (54601/16) [2017] ZAGPPHC 506 (18 August 2017)

The plaintiff failed to prove the required 1% negligence against the insured driver, as the accident report was neither identified nor introduced into evidence, and neither the plaintiff nor her witness observed the accident. Furthermore, even if negligence were established, the deceased's state pension does not qualify as income for loss of support claims under binding precedent. The defendant's application for absolution from the instance must therefore succeed. Regarding costs, the court found that both parties' legal representatives contributed to the unnecessary progression of the matter, and no conduct warranting costs de bonis propriis was established. Each party is ordered to pay...

Citation
[2017] ZAGPPHC 506
Parties
Plaintiff: Caroline Lizbeth Molekwa; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 August 2017
Case Number
54601/16
Procedural Posture
Civil Trial / Absolution From the Instance After Plaintiff's Case
Outcome
Defendant's application for absolution from the instance is granted. Each party to pay its own costs.
Judges
Motepe
Legal Topics
Loss of Support, Absolution From the Instance, Negligence, State Pension as Income
Civil Procedure Delict Loss of Support Absolution From the Instance Negligence State Pension as Income

Case Brief

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Parties

Caroline Lizbeth Molekwa

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Absolution From the Instance After Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff proved 1% negligence against the insured driver.
  2. 2 Whether a state old age pension constitutes income for purposes of a loss of support claim under the Road Accident Fund Act.
  3. 3 Whether the plaintiff's legal representatives should be liable for costs de bonis propriis.

Ratio Decidendi

The plaintiff failed to prove the required 1% negligence against the insured driver, as the accident report was neither identified nor introduced into evidence, and neither the plaintiff nor her witness observed the accident. Furthermore, even if negligence were established, the deceased's state pension does not qualify as income for loss of support claims under binding precedent. The defendant's application for absolution from the instance must therefore succeed. Regarding costs, the court found that both parties' legal representatives contributed to the unnecessary progression of the matter, and no conduct warranting costs de bonis propriis was established. Each party is ordered to pay...

Court Disposition

Defendant's application for absolution from the instance is granted. Each party to pay its own costs.

Orders

  • The defendant's application for absolution from the instance against the plaintiff succeeds.
  • Each party to pay its own costs.