Mudzunya v Road Accident Fund (4683/2016) [2017] ZAGPPHC 1285 (14 December 2017)

Mudzunya v Road Accident Fund (4683/2016) [2017] ZAGPPHC 1285 (14 December 2017)

The court found that both the plaintiff and the insured driver were negligent and contributed equally to the collision. The plaintiff failed to keep a proper lookout when crossing the road, even if the traffic light was green in his favour. The insured driver, upon being alerted to the plaintiff's presence, did not exercise sufficient caution and failed to keep a proper lookout, resulting in the collision. The evidence of both parties was not without criticism, but the probabilities supported a finding of shared responsibility. Accordingly, liability was apportioned on a 50/50 basis. The quantum of damages was agreed upon by the parties, and the plaintiff was awarded half of the agreed...

Citation
[2017] ZAGPPHC 1285
Parties
Plaintiff: Muneri Madzunya; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 December 2017
Case Number
4683/2016
Procedural Posture
Civil Trial / Final Judgment
Outcome
Liability for the collision is apportioned on a 50/50 basis between the plaintiff and the insured driver. The plaintiff is awarded 50% of the agreed quantum of damages. The defendant is ordered to provide an undertaking for 50% of future medical expenses and to pay 50% of the plaintiff's costs.
Judges
T M Makgoka
Legal Topics
Road Accident Fund Act, Apportionment of Negligence, Personal Injury, Damages Quantification
Delict Civil Procedure Road Accident Fund Act Apportionment of Negligence Personal Injury Damages Quantification

Case Brief

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Parties

Muneri Madzunya

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff or the insured driver was liable for the motor vehicle collision.
  2. 2 Whether the plaintiff discharged the onus of proof on a balance of probabilities.
  3. 3 How negligence should be apportioned between the parties.

Ratio Decidendi

The court found that both the plaintiff and the insured driver were negligent and contributed equally to the collision. The plaintiff failed to keep a proper lookout when crossing the road, even if the traffic light was green in his favour. The insured driver, upon being alerted to the plaintiff's presence, did not exercise sufficient caution and failed to keep a proper lookout, resulting in the collision. The evidence of both parties was not without criticism, but the probabilities supported a finding of shared responsibility. Accordingly, liability was apportioned on a 50/50 basis. The quantum of damages was agreed upon by the parties, and the plaintiff was awarded half of the agreed...

Court Disposition

Liability for the collision is apportioned on a 50/50 basis between the plaintiff and the insured driver. The plaintiff is awarded 50% of the agreed quantum of damages. The defendant is ordered to provide an undertaking for 50% of future medical expenses and to pay 50% of the plaintiff's costs.

Orders

  • The plaintiff and the insured driver are declared liable for the collision on a 50/50 basis.
  • The defendant shall pay the plaintiff an amount of R349,237 to the trust account of the plaintiff's attorneys, Malao Incorporated.