Ndlovu v President Versekeringsmaatskappy Bpk. (652/1993) [1995] ZASCA 132 (21 November 1995)

Ndlovu v President Versekeringsmaatskappy Bpk. (652/1993) [1995] ZASCA 132 (21 November 1995)

The Supreme Court of Appeal found that the probabilities favoured the appellant's version of events, namely that the collision was caused by the negligence of Khubeka, the driver of the Valiant, who ignored a stop sign and struck the Kombi on its side. The court reasoned that the physical evidence, including the location of the damage and the fatal injuries to the appellant's sister, supported this account. The respondent's alternative version was found to be less probable and inconsistent with the evidence. Accordingly, the court held that the respondent, as the nominated agent under the Multilateral Motor Vehicle Accident Fund Act, was liable for the damages suffered by the appellant....

Citation
[1995] ZASCA 132
Parties
Appellant: Alphus Ndlovu; Respondent: President Versekeringsmaatskappy Beperk
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 November 1995
Case Number
652/1993
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division
Outcome
Appeal upheld; order of absolution from the instance set aside; declaration of negligence against the driver of the Valiant; respondent ordered to pay costs.
Judges
Van Heerden, Vivier, F H Grosskopf, Van den Heever, Scott
Legal Topics
Motor Vehicle Accident, Negligence, Multilateral Motor Vehicle Accident Fund, Causation, Quantum of Damages
Delict Civil Procedure Motor Vehicle Accident Negligence Multilateral Motor Vehicle Accident Fund Causation Quantum of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Alphus Ndlovu

Appellant

President Versekeringsmaatskappy Beperk

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division

Legal Issues

  1. 1 Whether the collision was caused by the negligence of the driver of the Valiant vehicle.
  2. 2 Whether the respondent is liable under the Multilateral Motor Vehicle Accident Fund Act for damages suffered by the appellant.
  3. 3 Whether the probabilities favour the appellant's version of events.

Ratio Decidendi

The Supreme Court of Appeal found that the probabilities favoured the appellant's version of events, namely that the collision was caused by the negligence of Khubeka, the driver of the Valiant, who ignored a stop sign and struck the Kombi on its side. The court reasoned that the physical evidence, including the location of the damage and the fatal injuries to the appellant's sister, supported this account. The respondent's alternative version was found to be less probable and inconsistent with the evidence. Accordingly, the court held that the respondent, as the nominated agent under the Multilateral Motor Vehicle Accident Fund Act, was liable for the damages suffered by the appellant....

Court Disposition

Appeal upheld; order of absolution from the instance set aside; declaration of negligence against the driver of the Valiant; respondent ordered to pay costs.

Orders

  • It is declared that the collision was caused by the negligence of the driver of vehicle MDH 686 T.
  • The respondent is ordered to pay the costs of the trial.