South Africa Case Law

National Employers' General Insurance Company Ltd. v Roberts (264/92)

National Employers' General Insurance Company Ltd. v Roberts (264/92) [1993] ZASCA 150; 1994 (1) SA 38 (AD); (29 September 1993)

Court

Supreme Court of Appeal

Case number

264/92

Judges

Hoexter, Van Heerden, Vivier, Van Den Heever, Howie, AJA

The court held that the respondent's absence from base was properly authorised under regulation 32(2)(g) of the Defence Act regulations, as he was ordered or required to reside away from the base due to lack of accommodation. The statutory limitation on damages in section 22(1) of the Compulsory Motor Vehicle Insurance Act did not apply, as the respondent was returning to his base from authorised leave. The court rejected the appellant's narrow interpretation of 'authorised leave', finding that both the legislative history and the regulations supported a broader meaning. The appeal was dismis…

Source excerpt

• Compulsory Motor Vehicle Insurance Act
• Statutory Interpretation
• Military Service Leave
• Damages For Personal Injury