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South Africa Case Law

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Delict [2010] ZAECGHC 54

Hendricks v Minister of Safety and Security and Another (331/05)

Hendricks v Minister of Safety and Security and Another (331/05) [2010] ZAECGHC 54 (1 January 2010)

Court
Eastern Cape High Court, Grahamstown
Case number
331/05
Judge
J.M. Roberson

The court found that the plaintiff suffered a severe diffuse axonal brain injury resulting in permanent cognitive and behavioural impairment, rendering him incapable of employment or independent living. The payments made by Polmed were held to be res inter alios acta and not deductible from the damages for past medical expenses, as the medical aid contract was independent of the employment contract. The court accepted expert evidence that the plaintiff's most probable career path would have involved a move from the SAPS forensic unit to the private sector, resulting in higher earnings. The qu…

Source excerpt

  • Personal Injury
  • Quantum Of Damages
  • Loss Of Earning Capacity
  • Medical Expenses
  • Insurance Payments
  • Contingency Deductions
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Delict [1996] ZASCA 89

Standard General Insurance Co Ltd v Dugmore NO (498/95)

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…

Source excerpt

  • Collateral Benefits Rule
  • Loss Of Earning Capacity
  • Disability Pension
  • Insurance Payments
  • Quantum Of Damages
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.