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Jaffer v Road Accident Fund (8418/2020; 4092/2021) [2025] ZAWCHC 136 (20 March 2025)
The High Court held that RAF must pay past medical expenses even where medical aid already covered most of the costs, and awarded the proven amounts with interest and costs.
Esack N.O v Road Accident Fund [2025] ZAWCHC 27; 2025 (4) SA 201 (WCC) (4 February 2025)
The court held that the defendant is liable to compensate the plaintiff for past hospital and medical expenses paid by the deceased's medical aid scheme. The majority judgment in Discovery Health did not alter the established legal position, as it did not decide the deductibility of medical aid payments and cannot override Supreme Court of Appeal authority. The principle of res inter alios acta remains applicable, and payments by medical aid schemes, even for prescribed minimum benefits or emergency medical conditions, are not deductible from the plaintiff's claim against the Road Accident Fu…
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