Dhladhla v Road Accident Fund (2013/09477)
Dhladhla v Road Accident Fund (2013/09477) [2014] ZAGPJHC 212 (5 September 2014)
The court found that section 19(a) of the Road Accident Fund Act, read together with section 35(1) of the Compensation of Occupational Injuries and Diseases Act, precludes a claim against the Road Accident Fund where the injury sustained by the plaintiff is an occupational injury and the wrongdoer is the employer. The statutory framework is clear and unambiguous: an employee injured in the course and scope of employment, where the employer is the driver and wrongdoer, cannot claim against the Fund. The court rejected the plaintiff's arguments regarding legislative ambiguity and the applicabil…
Source excerpt
- Road Accident Fund Act
- Compensation Of Occupational Injuries And Diseases Act
- Special Plea
- Employer Liability
- Occupational Injury