Smit v Road Accident Fund (17524/2021)
Smit v Road Accident Fund (17524/2021) [2024] ZAWCHC 276 (23 September 2024)
The court found that the respondent had admitted liability in its plea and settled the merits of the applicant's claim on a 100% basis, thus satisfying the requirements for interim payment under Rule 34A. The respondent's arguments regarding medical aid subrogation and reliance on internal directives were rejected as contrary to established legal precedent and unlawful. The court held that the WCC award, while relevant for set-off, was not finalised and did not preclude interim relief. The amounts claimed for past hospital and medical expenses and past loss of income were reasonable and suppo…
Source excerpt
- Interim Payment
- Road Accident Fund Act
- Medical Aid Subrogation
- Workmens Compensation Award
- Attorney Client Costs