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South Africa decisions
Decisions matching the current search
Makwane v Road Accident Fund (1653/2023) [2024] ZALMPPHC 167 (5 November 2024)
Default judgment was granted in a Road Accident Fund claim, with liability and quantum separated and the defendant held 100% liable for proven damages.
Masango v Road Accident Fund (1791/21) [2024] ZAMPMHC 25 (25 April 2024)
The court found that the plaintiff and his witness provided credible and uncontested evidence that the insured driver of the Sprinter negligently caused the accident by attempting to squeeze between the plaintiff's vehicle and a bus, forcing the plaintiff to swerve and lose control. The defendant failed to present any evidence to the contrary and did not successfully challenge the credibility of the plaintiff's witnesses. The court held that even if minor contradictions existed, they were not material enough to affect the outcome. The principle of res ipsa loquitur, as argued by the defendant…
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Koekemoer v Road Accident Fund (2123/2021) [2023] ZAECQBHC 34 (8 June 2023)
High Court found the Road Accident Fund liable after a motorcycle-car collision, holding the insured driver solely negligent for turning across the plaintiff’s path.
Putter v Road Accident Fund (11884/2021) [2023] ZAGPJHC 632 (6 June 2023)
The court found that the plaintiff's evidence was reliable, uncontroverted, and established that the insured driver failed to indicate his intention to turn right, thereby creating a sudden emergency for the plaintiff. The plaintiff kept a proper lookout and was travelling at a reasonable speed. The insured's conduct was the sole cause of the collision, and the doctrine of sudden emergency applied, absolving the plaintiff from negligence. The defendant failed to present any countervailing evidence or witnesses. The court distinguished the facts from Smith v Road Accident Fund and held the def…
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Xolile v Road Accident Fund (6517/19) [2023] ZAGPJHC 448 (9 May 2023)
Default judgment was granted on the merits in a Road Accident Fund claim after the defendant’s defence was struck out. The court held the RAF 100% liable and postponed quantum.
Ntoro v Road Accident Fund (37913/2018) [2023] ZAGPJHC 357 (21 April 2023)
High Court claim under the RAF was dismissed after the plaintiff failed to prove that her injuries arose from a negligent pedestrian motor vehicle collision.
Kalis v Road Accident Fund (78388/2017) [2022] ZAGPPHC 107 (25 February 2022)
The court held the Road Accident Fund 100% liable for proven damages after finding the insured driver negligent in a rollover accident causing the plaintiff’s injuries.
Khumalo v Road Accident Fund (2016/30550) [2021] ZAGPJHC 367 (3 June 2021)
The High Court held that the RAF’s special plea of prescription failed because the driver’s identity was established, so the claim fell under section 17(1)(a).
Zvidhembo v Road Accident Fund (1824/2017) [2020] ZAGPPHC 395 (7 August 2020)
Default judgment in a Road Accident Fund claim. The court held the defendant 100% liable and awarded damages for loss of earnings and general damages.
Padayacchee v Road Accident Fund (22646/2016) [2019] ZAGPPHC 549 (16 October 2019)
The High Court held the Road Accident Fund liable after finding the plaintiff proved the insured vehicle’s presence and negligence in the collision.
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