Maroga and Another v Road Accident Fund (952/2024 ; 5644/2023)
Maroga and Another v Road Accident Fund (952/2024 ; 5644/2023) [2025] ZALMPPHC 48 (18 March 2025)
The court held that in default judgment applications for damages arising from motor vehicle collisions, the provisions of section 1(1)(a) of the Apportionment of Damages Act apply. The court has discretion to hear oral evidence and must evaluate whether the plaintiff was contributorily negligent. In both cases, the plaintiffs failed to keep a proper lookout before crossing the road and were found to be negligent. The first plaintiff, Jeremiah Lesedi Maroga, was held responsible for 70% of his injuries, with the defendant liable for 30% of proven or agreed damages. The second plaintiff, Meriam…
Source excerpt
- Road Accident Fund Act
- Contributory Negligence
- Apportionment Of Damages
- Default Judgment
- Personal Injury
- Civil Procedure