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South Africa decisions
Decisions matching the current search
D'Oliveira v Road Accident Fund (3999/10) [2018] ZAWCHC 112; [2018] 4 All SA 341 (WCC); 2019 (2) SA 247 (WCC) (5 September 2018)
High Court decision on RAF quantum: 20% contingency on future PIP, recovery for domestic assistance and handyman help, but no award for a care person.
Road Accident Fund v Mphirime (1036/2016) [2017] ZASCA 140 (2 October 2017)
The Supreme Court of Appeal held that, due to the Constitutional Court's decision in Law Society of South Africa & others v Minister for Transport & another, the legal position regarding undertakings under section 17(4)(a) of the Road Accident Fund Act remains as it was prior to 1 August 2008. At that time, the Fund was entitled to issue undertakings for the future costs of a domestic assistant. The amendment to the Act and the absence of a new tariff do not exclude domestic assistance from the scope of section 17(4)(a). The respondent is not entitled to insist on a lump sum payment, as the F…
Source excerpt
Mphirime v Road Accident Fund (916/2014) [2016] ZAFSHC 24 (25 February 2016)
The court held that future domestic assistance after a motor vehicle accident is a patrimonial loss under section 17(1) of the RAF Act, payable as a lump sum.
Mathebula v South Africa Rail Commuter Corporation and Another (09/4432) [2014] ZAGPJHC 54 (26 February 2014)
High Court damages judgment on a train-injury claim, awarding an electric prosthesis, domestic help, and related medical and assistive costs.
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