South Africa Case Law

L.R v Road Accident Fund (4917/2008)

L.R v Road Accident Fund (4917/2008) [2023] ZAKZDHC 36 (30 June 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

4917/2008

Judge

Gabriel

The court found that the plaintiff has no residual earning capacity post-accident, as confirmed by the joint minutes of the occupational therapists and industrial psychologists. The monthly allowance received from his mother and the administrative tasks performed in the family business are gratuitous and benevolent, and must be excluded from the calculation of his claim against the Road Accident Fund. The court applied a contingency deduction of 5% pre-accident and 15% post-accident, consistent with comparable cases and actuarial guidelines. The defendant's conduct, including delays and lack…

Source excerpt

• Road Accident Fund Act
• Loss Of Earnings
• Contingency Deductions
• Gratuitous Payments
• Quantum Of Damages

Martin v Road Accident Fund (4990/2016)

Martin v Road Accident Fund (4990/2016) [2021] ZAFSHC 156 (8 June 2021)

Court

Free State High Court, Bloemfontein

Case number

4990/2016

Judge

Naidoo

The court awarded the plaintiff damages for past medical expenses and past loss of earnings, holding that benevolent post-accident payments were not deductible.

• Road Accident Fund Act
• Personal Injury
• Loss Of Earnings
• Medical Expenses
• Gratuitous Payments
• Quantum Of Damages

Radovan v De Klerk Vermaak And Partners Incorporated (19359/11)

Radovan v De Klerk Vermaak And Partners Incorporated (19359/11) [2014] ZAGPJHC 188 (8 August 2014)

Court

South Gauteng High Court, Johannesburg

Case number

19359/11

Judge

Wepener

The court held that an ex-husband with no legal duty of support could not claim gratuitous medical expenses from the RAF, so the attorneys were not negligent.

• Road Accident Fund Act
• Duty Of Support
• Third Party Claims
• Negligence
• Gratuitous Payments
• Road-accident-fund