Van Vuuren v Road Accident Fund (63723/2015) [2018] ZAGPPHC 650 (19 June 2018)

Van Vuuren v Road Accident Fund (63723/2015) [2018] ZAGPPHC 650 (19 June 2018)

The court found that the defendant, Road Accident Fund, is liable for 100% of the damages suffered by the minor child, Alexandre Van Vuuren, as a result of the insured driver's negligence in causing the motor vehicle collision. The quantum of damages was agreed upon by the parties and supported by expert evidence. To safeguard the minor's interests, the court ordered that the compensation be paid into a trust to be established for the exclusive benefit of the minor, with the trustee required to furnish security and administer the funds in accordance with the trust deed. The defendant is further ordered to provide an undertaking for future medical expenses and to pay the costs associated...

Citation
[2018] ZAGPPHC 650
Parties
Plaintiff: G Van Vuuren obo Alexandre Van Vuuren; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 June 2018
Case Number
63723/2015
Procedural Posture
Civil Trial / Final Judgment and Order
Outcome
The defendant is held liable for 100% of the plaintiff's proven or agreed damages. The compensation is to be paid into a trust for the benefit of the minor, with further orders regarding future medical expenses, costs, and administration.
Judges
Mavundla
Legal Topics
Road Accident Fund Act, Negligence, Quantification of Damages, Trust for Minor, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act Negligence Quantification of Damages Trust for Minor Future Medical Expenses

Case Brief

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Parties

G Van Vuuren obo Alexandre Van Vuuren

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment and Order

Legal Issues

  1. 1 Whether the defendant is liable for damages suffered by the minor child due to the negligent driving of the insured driver.
  2. 2 Whether the quantum of damages claimed is justified and properly supported.
  3. 3 Whether the compensation awarded should be protected by means of a trust for the benefit of the minor child.

Ratio Decidendi

The court found that the defendant, Road Accident Fund, is liable for 100% of the damages suffered by the minor child, Alexandre Van Vuuren, as a result of the insured driver's negligence in causing the motor vehicle collision. The quantum of damages was agreed upon by the parties and supported by expert evidence. To safeguard the minor's interests, the court ordered that the compensation be paid into a trust to be established for the exclusive benefit of the minor, with the trustee required to furnish security and administer the funds in accordance with the trust deed. The defendant is further ordered to provide an undertaking for future medical expenses and to pay the costs associated...

Court Disposition

The defendant is held liable for 100% of the plaintiff's proven or agreed damages. The compensation is to be paid into a trust for the benefit of the minor, with further orders regarding future medical expenses, costs, and administration.

Orders

  • The defendant is liable to compensate the plaintiff for 100% of proven or agreed damages.
  • The defendant must pay the plaintiff R2,947,854.90 in respect of general damages and future loss of earnings.