Terblanche v Road Accident Fund (36691/14) [2020] ZAGPPHC 157 (6 March 2020)
Court
North Gauteng High Court, Pretoria
Case number
36691/14
Judge
MMP Mdalana-Mayisela
The High Court held that a disability pension paid under an employer-procured Commuting Journey Policy was not deductible from the plaintiff’s past loss of earnings.
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)
Court
Supreme Court of Appeal
Case number
498/95
Judges
Van Heerden, Vivier, Eksteen, Marais, Olivier
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…