Case: Mahlokoane v Road Accident Fund
The plaintiff sued the defendant for damages which he alleged he had sustained in a motor vehicle accident. He contended that the accident was caused by the negligence of the driver (“the insured driver”) of the other vehicle in the accident.
It is trite that where a claimant suffers damages which is caused partially by his or her own fault and partially by that of the person from whom he seeks to claim damages, such damages recoverable shall be reduced to such an extent as is deemed just and equitable, having regard to the degree in which the claimant was at fault in relation to the damages.
by Christian Schietekat (B.Com Law; LL. B)
Mini Summary by LexisNexis (https://www.lexisnexis.co.za/)
Delict :: motor vehicle accident
Mahlokoane v Road Accident Fund
[2019] JOL 41077 (GJ)
| Case Number: | 36670 / 2017 |
| Judgment Date: | 28 / 11 / 2018 |
| Country: | South Africa |
| Jurisdiction: | High Court |
| Division: | Gauteng, Johannesburg |
| Bench: | NE Ramapuputla AJ |
Keywords:
Personal Injury/ Delict – Motor vehicle accident – Claim for damages – Liability – Negligence
Mini Summary:
The plaintiff sued the defendant for damages which he alleged he had sustained in a motor vehicle accident. He contended that the accident was caused by the negligence of the driver (“the insured driver”) of the other vehicle in the accident.
Held that the court had to decide the issue of liability. In particular, it had to determine who was responsible for the accident. It also had to be decide of there was any contributory negligence.
Based on the evidence, the court found that the accident was caused by the negligence of the insured driver. The plaintiff’s actions could not be said to have contributed to the accident and he could not be found to have been negligent in any way.
The insured driver did not come before the court, and the court had before it only the evidence of the plaintiff. His testimony therefore remained uncontested.
The defendant was declared wholly liable for the plaintiff’s proven damages.
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