Moss v Road Accident Fund (18326/2019) [2025] ZAWCHC 110 (17 March 2025)

Parties

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

1. 1 Whether the Plaintiff is entitled to recover past medical expenses paid by his medical aid scheme under the Road Accident Fund Act.
2. 2 Whether the Defendant's directives excluding reimbursement for medical aid payments are legally valid.
3. 3 Whether the Plaintiff's affidavit under Rule 38(2) should be admitted in lieu of oral testimony.

Ratio Decidendi

The Court found that the Plaintiff had proven his entitlement to past medical expenses arising from the accident, both those paid directly and those settled by his medical aid. The Defendant's reliance on internal directives to exclude reimbursement for medical aid payments was rejected as contrary to the RAF Act and established legal principles. The Defendant failed to file any substantive defence or papers and did not cross-examine the Plaintiff, rendering its opposition baseless. The Plaintiff's affidavit was properly admitted, and his oral testimony confirmed the expenses were related to the accident. The Court ordered payment of the full claimed amount, provision of a section...

Court Disposition

Plaintiff's claim for past medical expenses is granted in full; Defendant ordered to pay capital sum, provide section 17(4)(a) undertaking, and pay costs including expert witness fees.

Orders

• The Defendant shall pay to the Plaintiff’s attorneys the sum of R684,286.59 within 180 days by electronic transfer into the attorneys' trust account.
• Interest on the capital shall accrue from fourteen days after this order until payment; no writ of execution before expiry of 180 days.