S S v Road Accident Fund (42384/14) [2017] ZAGPJHC 457 (3 November 2017)

S S v Road Accident Fund (42384/14) [2017] ZAGPJHC 457 (3 November 2017)

The court held that the plaintiff's claim for general damages had not prescribed. The original summons, issued within five years of the accident, interrupted prescription for all heads of damages, including general damages. The late submission of the RAF 4 form does not result in prescription, as the claim itself was instituted within the prescribed period. The Fund did not object to or reject the RAF 4 form, and its contents remained uncontested. The plaintiff was assessed as having sustained a serious injury qualifying for general damages. Regulation 3 was complied with, and the Fund is obliged to compensate the plaintiff for general damages.

Citation
[2017] ZAGPJHC 457
Parties
Plaintiff: S S; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 November 2017
Case Number
42384/14
Procedural Posture
Civil Trial / Special Plea on Prescription of General Damages
Outcome
The special plea of prescription is dismissed. The defendant is ordered to pay the plaintiff general damages.
Judges
L Windell
Legal Topics
Road Accident Fund Act, Prescription, General Damages, Serious Injury Assessment, Raf4 Form, Amendment of Particulars
Civil Procedure Delict Road Accident Fund Act Prescription General Damages Serious Injury Assessment Raf4 Form Amendment of Particulars

Case Brief

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Parties

S S

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Special Plea on Prescription of General Damages

Legal Issues

  1. 1 Whether the plaintiff's claim for general damages has prescribed due to late submission of the RAF 4 form.
  2. 2 Whether the original summons interrupted prescription for all heads of damages, including general damages.
  3. 3 Whether the late filing of the RAF 4 form precludes the plaintiff from claiming general damages.

Ratio Decidendi

The court held that the plaintiff's claim for general damages had not prescribed. The original summons, issued within five years of the accident, interrupted prescription for all heads of damages, including general damages. The late submission of the RAF 4 form does not result in prescription, as the claim itself was instituted within the prescribed period. The Fund did not object to or reject the RAF 4 form, and its contents remained uncontested. The plaintiff was assessed as having sustained a serious injury qualifying for general damages. Regulation 3 was complied with, and the Fund is obliged to compensate the plaintiff for general damages.

Court Disposition

The special plea of prescription is dismissed. The defendant is ordered to pay the plaintiff general damages.

Orders

  • The special plea is dismissed with costs.
  • The defendant is ordered to pay the plaintiff an amount of R600,000 in respect of general damages within 14 days of this order.