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South Africa decisions
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M.O.L obo M.S.G v Road Accident Fund (641/2023) [2024] ZALMPPHC 76 (24 July 2024)
The High Court awarded R880,947 for a minor’s future loss of earnings in a Road Accident Fund claim, finding limited proof of lasting academic or cognitive harm.
Absa Trust Ltd N.O obo FX Mbenze Trust v Road Accident Fund (30152/2021) [2022] ZAGPPHC 869 (16 November 2022)
The High Court ordered the Road Accident Fund to pay trust administration and security bond costs, plus interest and attorney-client costs, under a prior section 17(4)(a) undertaking.
ABSA Trust Ltd N.O ET Kabinde Trust v Road Accident Fund (58660/2021) [2022] ZAGPPHC 258 (29 April 2022)
The High Court held that section 17(4)(a) of the Road Accident Fund Act does not cover annual trust administration fees, and dismissed the application.
Rabie N.O obo Thabiso Abraham Oliphant Trust v Road Accident Fund (40543/2019) [2021] ZAGPPHC 312 (13 May 2021)
The court held that the interpretation of 'rendering of a service or supplying of goods' in section 17(4)(a) of the Road Accident Fund Act cannot be restricted to services regulated by a prescribed tariff. The wording is sufficiently broad to include the reasonable costs incurred in the establishment and administration of a trust and the bond of security for the benefit of the road accident victim. The court found that such expenses are claimable under the section 17(4)(a) undertaking certificate, provided they are reasonable. The respondent is therefore liable to pay the applicant the claime…
Source excerpt
Molepo v Road Accident Fund (94695/2016) [2020] ZAGPPHC 649 (17 November 2020)
Motor vehicle accident claim in which the court awarded general damages, loss of earnings, costs, and a section 17(4)(a) undertaking against the RAF.
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