Santam Insurance Ltd. v Taylor (434/1983) [1984] ZASCA 139; [1985] 1 All SA 378 (A) (23 November 1984)

Santam Insurance Ltd. v Taylor (434/1983) [1984] ZASCA 139; [1985] 1 All SA 378 (A) (23 November 1984)

The Supreme Court of Appeal held that section 22(1)(bb) of the Compulsory Motor Vehicle Insurance Act 56 of 1972, as amended, excludes liability for general damages in respect of ordinary passengers. The court found the statutory language ambiguous and convoluted, but determined that the legislative history and policy clearly indicated an intention to restrict claims by ordinary passengers to the specified items of special damage only, namely loss of income or support and certain medical and related costs, up to R12,000. Claims for general damages, such as pain and suffering, are excluded. The court rejected the respondent's interpretation and concluded that the exception to the special...

Citation
[1984] ZASCA 139
Parties
Appellant: Santam Insurance Limited; Respondent: Reginald Alan Taylor
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 November 1984
Case Number
434/1983
Procedural Posture
Civil Appeal / Appeal Against Judgment Upholding Exception to Special Plea
Outcome
Appeal allowed; order of the court a quo set aside; exception dismissed with costs.
Judges
Jansen, Kotzé, Botha, Wessels, Vivier
Legal Topics
Compulsory Motor Vehicle Insurance Act, Limitation of Liability, General Damages Exclusion, Statutory Interpretation
Civil Procedure Insurance Law Compulsory Motor Vehicle Insurance Act Limitation of Liability General Damages Exclusion Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Santam Insurance Limited

Appellant

Reginald Alan Taylor

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment Upholding Exception to Special Plea

Legal Issues

  1. 1 Whether section 22(1)(bb) of the Compulsory Motor Vehicle Insurance Act 56 of 1972 excludes claims for general damages by ordinary passengers.
  2. 2 Whether the respondent's claim for general damages on behalf of his minor daughter is permitted under the Act.

Ratio Decidendi

The Supreme Court of Appeal held that section 22(1)(bb) of the Compulsory Motor Vehicle Insurance Act 56 of 1972, as amended, excludes liability for general damages in respect of ordinary passengers. The court found the statutory language ambiguous and convoluted, but determined that the legislative history and policy clearly indicated an intention to restrict claims by ordinary passengers to the specified items of special damage only, namely loss of income or support and certain medical and related costs, up to R12,000. Claims for general damages, such as pain and suffering, are excluded. The court rejected the respondent's interpretation and concluded that the exception to the special...

Court Disposition

Appeal allowed; order of the court a quo set aside; exception dismissed with costs.

Orders

  • The appeal is allowed with costs, including the costs of two counsel.
  • The order of the court a quo is set aside.