THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
| Road Accident Fund v Mkhize | |||
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| Supreme Court of Appeal -557/03 | Hearing date: 10 November 2004 | ||
| Judgment date: 30 November 2004 | |||
Passenger in cab of disabled tanker in tow – injured when tanker capsized – injury caused by negligence of tow truck driver – respondent a passenger as contemplated by s 18(1) of the Road Accident Fund Act 56 of 1996. |
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Media Summary
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FROM The Registrar, Supreme Court of Appeal Please note that the media summary is for the benefit of the media and does not form part of the judgment.
CASERoad Accident Fund v Z J Mkhize (Case No 557 / 03) The Supreme Court of Appeal to-day upheld an appeal from a decision of a judge in the Durban High Court who decided that the claim of a passenger in a disabled tanker that capsized while being towed by a break-down truck when the truck negligently collided with a road-grader, was not subject to the limitation of R25 000 imposed by the Road Accident Fund Act of 1996 in case of injury to (or the death of) certain categories of passenger. The Court held that in terms of the Road Accident Fund Act the driver of the tow truck should be considered to have been the driver of the disabled tanker as well. The plaintiff was therefore a passenger in one of the motor vehicles driven by the driver whose driving caused the injury to him. In the circumstances the injured passenger's claim against the Road Accident Fund was limited to R25 000
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