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South Africa decisions
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M.M.K v Road Accident Fund (37392/12) [2014] ZAGPPHC 855 (17 October 2014)
High Court held no valid customary marriage existed, but found the driver negligent and apportioned liability 70/30 in favour of the plaintiff.
Mashinini v Road Accident Fund (14849/13) [2014] ZAGPPHC 726 (19 September 2014)
The court held that section 36 of the Compensation Occupational Injuries and Diseases Act requires the full amount awarded by the Compensation Commissioner to be deducted from the damages payable by the Road Accident Fund, not merely the amount already paid. The plaintiff's argument that only the paid portion should be deducted was rejected, as the statutory provision and the precedent in RAF v Maphiri make it clear that the entire award must be considered. The plaintiff's difficulties with the adequacy or administration of the monthly payments are matters between the plaintiff and the Commis…
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Constantia Versekeringsmaatskappy Bpk. v Victor (470/84) [1985] ZASCA 138; [1986] 2 All SA 6 (A) (29 November 1985)
The Supreme Court of Appeal held that the adoption of a child after the wrongful death of his natural parents does not extinguish or reduce the child's right to claim damages for loss of support. The maintenance obligation of the adoptive parent is a new legal duty, distinct from the right to compensation for the loss suffered due to the death of the natural parents. The analogy to a widow's remarriage is inappropriate, as adoption is not a direct consequence of the wrongful death and should not be considered a mitigating factor in the calculation of damages. The damages awarded for loss of s…
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