Manukha v Road Accident Fund (285/2016)
Manukha v Road Accident Fund (285/2016) [2017] ZASCA 21; 2017 (4) SA 453 (SCA) (24 March 2017)
The Supreme Court of Appeal held that the claim for non-pecuniary loss forms part of a unitary claim for compensation under the Road Accident Fund Act and does not constitute a separate and discrete claim. The late filing of the RAF4 form does not result in prescription of the claim for non-pecuniary loss, provided that the original claim (RAF1 form) was lodged and action was instituted within the statutory periods prescribed by s 23 of the Act. The regulations allow for the serious injury assessment report to be submitted separately, and there is no provision in the regulations for prescript…
Source excerpt
- Road Accident Fund Act
- Prescription Of Claims
- Non Pecuniary Loss
- Serious Injury Assessment
- Raf4 Form
- Unitary Claims