Road Accident Fund v Faria (567/2013)
Road Accident Fund v Faria (567/2013) [2014] ZASCA 65; 2014 (6) SA 19 (SCA); [2014] 4 All SA 168 (SCA) (19 May 2014)
The Supreme Court of Appeal held that the Road Accident Fund is not bound by the assessment of its own expert regarding the seriousness of an injury. The statutory scheme introduced by the Road Accident Fund Act and its Regulations requires that the Fund must be satisfied that the injury has been correctly assessed as serious before general damages can be awarded. The assessment of seriousness is an administrative function, and the prescribed procedure under Regulation 3 must be followed, including the possibility of rejection and referral to an appeal tribunal. The existence of a joint minut…
Source excerpt
- Road Accident Fund Act
- Serious Injury Assessment
- General Damages
- Administrative Decision
- Regulation 3 Procedure