Du Plessis and Another v Road Accident Fund

• Jurisdiction: South Africa
• Judge: Jappie J and Patel J
• Judgment Date: 24 May 2001
• Citation: 2001 (4) SA 1140 (N)
• Docket Number: AR 91/2001
• Hearing Date: 04 May 2001
• Counsel: R S Frost for the appellant. L Pillay for the respondent.
• Court: Natal Provincial Division

Patel J:

On 29 September 1995, at a time when he was approximately 18 years of age, the second appellant, who was a passenger in the motor vehicle bearing registration number NU 14456, was injured in an accident F when the vehicle in which he was travelling collided with another vehicle. He and his father sued in terms of art 46(b) of the Agreement which is the Schedule to the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989, for loss and damages suffered by each of them in consequence of the injuries sustained by the second appellant in the collision. G

It was common cause that the driver of the vehicle in which the second appellant was a passenger was negligent; and further that each of the appellants had a separate and enforceable claim in excess of R25 000. The learned magistrate, in a reasoned judgment, held that the liability of the respondent to both the appellants, collectively, was limited to the sum of R25 000. The appellants contend that the magistrate was wrong and that, H upon a proper interpretation of art 46(b) of the Agreement, the respondent is obliged to compensate each of the appellants in the sum of R25 000 together with the costs.

The relevant provisions of art 46 provide as follows: I

'The liability of the MMF or its appointed agent, as the case may be, to compensate a third party for any loss or damage contemplated in chap 12 which is the result of any bodily injury to or the death of any person who, at the time of the occurrence which caused that injury or death, was being conveyed in or on the motor vehicle concerned, shall, in connection with any one occurrence, be limited exclusive of the costs of recovering the said compensation, except where J

Patel J

the person concerned was conveyed in or on a motor vehicle other than a motor vehicle owned by the Defence Force A having jurisdiction in the same area of jurisdiction of a member during a period in which he rendered military service or underwent military training in terms of defence legislation, applicable within the area of jurisdiction of a member, but subject to the provision of art 47 -

(a)

. . .

(b)

in the case of a person who was being conveyed in the motor vehicle concerned under circumstances other than the B circumstances referred to in para (a), to the sum of R25 000 in respect of loss of income or of support and the cost of accommodation in the hospital or nursing home, treatment, the rendering of a service and the supply of goods resulting from bodily injuries to or the death of one such person, excluding the payment of compensation in respect of any other loss or damage.' C

Article 46 attaches liability to the MMF or its appointed agents for the payment...