South Africa Case Law

Mothobi and Road Accident Fund and Another (A32/14)

Mothobi and Road Accident Fund and Another (A32/14) [2014] ZAGPPHC 602 (14 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

A32/14

Judges

D S Fourie, T J Raulinga, P M Mabuse

The court found that the medical evidence available at the time of settlement indicated the appellant suffered fairly severe injuries, which warranted a higher award for general damages than the R10,000 received. The absence of any apportionment and the concession of merits further supported the inadequacy of the settlement. The court held that the agreement was substantially prejudicial to the appellant and should be set aside, as the settlement failed to protect her interests as a minor.

Source excerpt

• Rescission Of Settlement
• Minor Claims
• General Damages
• Prejudice To Minor