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Delict [2024] ZAGPPHC 818

Nene v Road Accident Fund (21619/18)

Nene v Road Accident Fund (21619/18) [2024] ZAGPPHC 818 (19 August 2024)

The court found that the plaintiff, a pedestrian, was struck by a truck due to the insured driver's negligence, as evidenced by uncontested affidavits, police records, and expert medical reports. The defendant failed to rebut the plaintiff's version or comply with procedural requirements regarding the assessment of serious injury. The court held that, in terms of the Road Accident Fund Act and Regulations, compensation for general damages requires the Fund's acceptance or assessment of the injury as serious. The defendant's failure to respond does not entitle the plaintiff to default relief o…

  • Road Accident Fund Act
  • Serious Injury Assessment
  • General Damages
  • Quantum Postponement
  • Undertaking Certificate
  • Negligence
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