Mosebekoa v Road Accident Fund (10973/2013) [2015] ZAGPPHC 145 (27 March 2015)

Mosebekoa v Road Accident Fund (10973/2013) [2015] ZAGPPHC 145 (27 March 2015)

The court found that the plaintiff's oral evidence materially contradicted the affidavit submitted to the Road Accident Fund, and that the plaintiff failed to provide a clear and credible account of how the accident occurred. The plaintiff conceded that the insured driver had the right of way and did not call his attorney to clarify the discrepancies in the affidavit. The court concluded that the plaintiff was untruthful about the circumstances of the collision and failed to prove negligence on the part of the insured driver. Consequently, the defendant was entitled to absolution from the instance.

Citation
[2015] ZAGPPHC 145
Parties
Plaintiff: Madibo Calvin Mosebekoa; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 March 2015
Case Number
10973/2013
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
Defendant absolved from the instance with costs.
Judges
M F Kganyago
Legal Topics
Road Accident Fund Act, Negligence, Absolution From the Instance, Credibility of Witness
Delict Civil Procedure Road Accident Fund Act Negligence Absolution From the Instance Credibility of Witness

Case Brief

Summary, issues, holding and outcome

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Parties

Madibo Calvin Mosebekoa

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the injuries sustained by the plaintiff were caused by or arose out of the driving of the insured vehicle by the insured driver.
  2. 2 Whether the insured driver was negligent in causing the accident.
  3. 3 Whether any apportionment of negligence is applicable.

Ratio Decidendi

The court found that the plaintiff's oral evidence materially contradicted the affidavit submitted to the Road Accident Fund, and that the plaintiff failed to provide a clear and credible account of how the accident occurred. The plaintiff conceded that the insured driver had the right of way and did not call his attorney to clarify the discrepancies in the affidavit. The court concluded that the plaintiff was untruthful about the circumstances of the collision and failed to prove negligence on the part of the insured driver. Consequently, the defendant was entitled to absolution from the instance.

Court Disposition

Defendant absolved from the instance with costs.

Orders

  • The defendant is absolved from the instance with costs.