Padi v Dail Direct Versekering Bpk (5871/2007)
Padi v Dail Direct Versekering Bpk (5871/2007) [2008] ZAGPHC 99 (15 April 2008)
The court found that the plaintiff proved his case on a balance of probabilities. The expert evidence was admissible and sufficient, as the defendant was aware of the expert's report and had not objected prior to trial. The expert's assessment of the vehicle's irreparable damage and calculation of quantum, including depreciation and salvage value, was accepted. The defendant failed to present any evidence to rebut the plaintiff's case or demonstrate prejudice from procedural non-compliance. Accordingly, the plaintiff was entitled to the claimed amount, less the salvage value, plus interest an…
Source excerpt
- Motor Vehicle Insurance
- Quantum Of Damages
- Expert Evidence
- Rule 36 Discovery