Road Accident Fund v Mkhize (557/2003) [2004] ZASCA 110; 2005 (3) SA 20 (SCA) (30 November 2004)

Road Accident Fund v Mkhize (557/2003) [2004] ZASCA 110; 2005 (3) SA 20 (SCA) (30 November 2004)

The court held that the driver of the tow truck, who was in control of both the tow truck and the tanker being towed, is deemed to be the driver of both vehicles under section 20(1) of the Road Accident Fund Act. The respondent, seated in the cab of the tanker, was a passenger as contemplated by section 18(1) and was being conveyed in the course of the lawful business of the owner. Therefore, his claim against the Road Accident Fund is limited to R25,000 as provided by section 18(1)(a). The court found no basis to distinguish between the vehicle actually driven and the one deemed to be driven for the purposes of the statutory limitation.

Citation
[2004] ZASCA 110
Parties
Appellant: Road Accident Fund; Respondent: Zwelakhe Jerome Mkhize
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 2004
Case Number
557/2003
Procedural Posture
Civil Appeal / Appeal From Court a Quo
Outcome
Appeal upheld. The respondent's claim is limited to R25,000 under section 18(1) of the Road Accident Fund Act.
Judges
Scott, Mthiyane, Conradie
Legal Topics
Road Accident Fund Act, Statutory Liability Limit, Negligence, Passenger Injury
Civil Procedure Delict Road Accident Fund Act Statutory Liability Limit Negligence Passenger Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Road Accident Fund

Appellant

Zwelakhe Jerome Mkhize

Respondent

Procedural Posture

Civil Appeal / Appeal From Court a Quo

Legal Issues

  1. 1 Does section 18(1) of the Road Accident Fund Act 56 of 1996 limit the respondent's claim to R25,000?
  2. 2 Was the respondent a passenger as contemplated by section 18(1) of the Act?
  3. 3 Is the driver of the tow truck also deemed to be the driver of the tanker under section 20(1) of the Act?

Ratio Decidendi

The court held that the driver of the tow truck, who was in control of both the tow truck and the tanker being towed, is deemed to be the driver of both vehicles under section 20(1) of the Road Accident Fund Act. The respondent, seated in the cab of the tanker, was a passenger as contemplated by section 18(1) and was being conveyed in the course of the lawful business of the owner. Therefore, his claim against the Road Accident Fund is limited to R25,000 as provided by section 18(1)(a). The court found no basis to distinguish between the vehicle actually driven and the one deemed to be driven for the purposes of the statutory limitation.

Court Disposition

Appeal upheld. The respondent's claim is limited to R25,000 under section 18(1) of the Road Accident Fund Act.

Orders

  • It is declared that the plaintiff’s claim is limited to R25,000 as provided for in section 18(1) of the Road Accident Fund Act 66 of 1996.
  • The plaintiff is ordered to pay the costs of these proceedings.