Pheeha v Road Accident Fund (10431/15) [2017] ZAGPPHC 709 (2 November 2017)

Pheeha v Road Accident Fund (10431/15) [2017] ZAGPPHC 709 (2 November 2017)

On the undisputed facts, the only reasonable inference is that the driver of the truck was negligent in moving into the plaintiff's lane and causing the collision. The defendant did not contest this inference. Accordingly, the defendant is liable for all agreed or proven damages suffered by the plaintiff as a result of the accident. The court ordered the defendant to furnish a certificate under section 17(4) of the Road Accident Fund Act for future costs and to pay the plaintiff's costs relating to the merits. The issue of quantum was postponed sine die.

Citation
[2017] ZAGPPHC 709
Parties
Plaintiff: Jetro Mohlabeng Pheeha; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 November 2017
Case Number
10431/15
Procedural Posture
Civil Trial / Merits Determination
Outcome
Defendant found liable for all agreed or proven damages arising from the collision. Quantum postponed sine die.
Judges
G C Wright
Legal Topics
Negligence, Road Accident Fund Act, Motor Vehicle Collision, Liability for Damages
Delict Negligence Road Accident Fund Act Motor Vehicle Collision Liability for Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Jetro Mohlabeng Pheeha

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Determination

Legal Issues

  1. 1 Whether the plaintiff can prove negligence on the part of the driver of the other vehicle.
  2. 2 Whether the defendant is liable for the plaintiff's damages arising from the collision.

Ratio Decidendi

On the undisputed facts, the only reasonable inference is that the driver of the truck was negligent in moving into the plaintiff's lane and causing the collision. The defendant did not contest this inference. Accordingly, the defendant is liable for all agreed or proven damages suffered by the plaintiff as a result of the accident. The court ordered the defendant to furnish a certificate under section 17(4) of the Road Accident Fund Act for future costs and to pay the plaintiff's costs relating to the merits. The issue of quantum was postponed sine die.

Court Disposition

Defendant found liable for all agreed or proven damages arising from the collision. Quantum postponed sine die.

Orders

  • The defendant is liable for all of the plaintiff's agreed or proven damages arising out of the collision which occurred on 18 September 2013.
  • The defendant is to furnish the plaintiff with a certificate under section 17(4) of the Road Accident Fund Act in respect of future costs as referred to in that section.