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South Africa decisions
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Berend v Road Accident Fund (942/2022) [2025] ZANCHC 45 (30 May 2025)
The court held that GEMS-paid medical expenses remained recoverable from the Road Accident Fund, treating the medical aid payment as a collateral benefit.
Standard General Insurance Co Ltd v Dugmore NO (498/95) [1996] ZASCA 89; 1997 (1) SA 33 (SCA); [1996] 4 All SA 415 (A); (11 September 1996)
The Supreme Court of Appeal held that disability pension benefits received under the Syfrets Pension Fund were deductible from the plaintiff's claim for loss of earnings, as they were provided for under the contract of employment and intended as compensation for loss of earning capacity. The Court found the facts indistinguishable from Dippenaar v Shield Insurance Co Ltd and reaffirmed that such benefits must be deducted to avoid double recovery. In contrast, the Lloyd's group accident insurance payments were not deductible, as they were not provided for under the contract of employment and w…
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Mutual and Federal Insurance Company Ltd. v Swanepoel (446/1986) [1987] ZASCA 143; [1988] 4 All SA 228 (AD) (30 November 1987)
The Supreme Court of Appeal held that the respondent's military pension, awarded under the Military Pensions Act, is not compensation for loss of earnings or earning capacity. The Act determines disability percentages without reference to earning capacity, and the pension is paid from public funds as a solatium for the totality of the consequences of disablement, particularly those not readily measurable in monetary terms. The respondent's damages claim was based on prospective private sector employment, not his military service, making the pension irrelevant to the assessment of patrimonial…
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