Terblanche v Road Accident Fund (36691/14) [2020] ZAGPPHC 157 (6 March 2020)

Terblanche v Road Accident Fund (36691/14) [2020] ZAGPPHC 157 (6 March 2020)

The court found that the disability pension paid to the plaintiff under the Commuting Journey Policy by Rand Mutual Assurance Company Ltd is an insurance benefit procured by the employer for the employee's benefit. Such benefits are considered res inter alios acta and do not constitute compensation for the plaintiff's losses arising from the collision. The applicable case law establishes that these insurance benefits should not be deducted from the damages awarded for past loss of earnings by the Road Accident Fund. The defendant is therefore not entitled to deduct the disability pension from the plaintiff's past loss of earnings award.

Citation
[2020] ZAGPPHC 157
Parties
Plaintiff: Terblanche Jacobus Willem; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 March 2020
Case Number
36691/14
Procedural Posture
Delictual Action / Reasons for Order Following Settlement of Most Issues; Determination of Deductibility of Disability Pension
Outcome
The defendant is not entitled to deduct the disability pension paid to the plaintiff by Rand Mutual Assurance from the past loss of earnings award. The previously handed down order stands.
Judges
MMP Mdalana-Mayisela
Legal Topics
Road Accident Fund Act, Collateral Benefits, Loss of Earnings, Insurance Deduction, Disability Pension
Delict Civil Procedure Road Accident Fund Act Collateral Benefits Loss of Earnings Insurance Deduction Disability Pension

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 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Terblanche Jacobus Willem

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Action / Reasons for Order Following Settlement of Most Issues; Determination of Deductibility of Disability Pension

Legal Issues

  1. 1 Whether the disability pension paid to the plaintiff under the Commuting Journey Policy by Rand Mutual Assurance Company Ltd should be deducted from the calculation of past loss of earnings.
  2. 2 Whether the benefit received by the plaintiff from Rand Mutual Assurance is an insurance benefit regarded as res inter alios acta and therefore not deductible.

Ratio Decidendi

The court found that the disability pension paid to the plaintiff under the Commuting Journey Policy by Rand Mutual Assurance Company Ltd is an insurance benefit procured by the employer for the employee's benefit. Such benefits are considered res inter alios acta and do not constitute compensation for the plaintiff's losses arising from the collision. The applicable case law establishes that these insurance benefits should not be deducted from the damages awarded for past loss of earnings by the Road Accident Fund. The defendant is therefore not entitled to deduct the disability pension from the plaintiff's past loss of earnings award.

Court Disposition

The defendant is not entitled to deduct the disability pension paid to the plaintiff by Rand Mutual Assurance from the past loss of earnings award. The previously handed down order stands.

Orders

  • The defendant shall pay to the plaintiff an amount of R750,136.52 for past hospital, medical and related expenses.
  • The defendant shall pay to the plaintiff an amount of R767,617.00 for past loss of earnings.