P.B obo S.B and C.B v Road Accident Fund (40955/16)
P.B obo S.B and C.B v Road Accident Fund (40955/16) [2025] ZAGPPHC 12 (14 January 2025)
The court held that the statutory cap in section 17(4)(c)(ii) of the Road Accident Fund Act applies individually to each third-party claimant in respect of each deceased breadwinner. This interpretation is supported by the wording of section 17(1), which refers to 'any person (the third party)', and by the purposive approach required for social legislation. The legislature's intent was to ensure financial viability of the Fund without unfairly differentiating between dependants. The court relied on Constantia Insurance Co Ltd v Haerne, which interpreted similar wording in predecessor legislat…
Source excerpt
- Road Accident Fund Act
- Loss Of Support
- Statutory Cap Interpretation
- Rule 33 4 Separation
- Quantum Of Damages