Myhill NO obo T B v Road Accident Fund (2010/13353)
Myhill NO obo T B v Road Accident Fund (2010/13353) [2019] ZAGPJHC 113 (27 March 2019)
The court held that the section 17(4) Undertaking furnished by the Road Accident Fund fully covers future medical, caregiving, educational, and transport expenses as and when they arise, provided they are necessary and reasonable. The plaintiff is not entitled to lump sum payments or declaratory orders for these expenses, as such relief is contrary to the wording of section 17(4) and the binding authority of Road Accident Fund v Mphirime. Claims for caregiving by family members and private care facility costs must be substantiated and will only be paid if incurred and justified. The quantum o…
Source excerpt
- Road Accident Fund Act
- General Damages
- Section 17 Undertaking
- Caregiving Expenses
- Educational Expenses
- Additional Transport Costs