Karsten v Road Accident Fund

• Jurisdiction: South Africa
• Judge: Molemela J
• Judgment Date: 14 October 2008
• Docket Number: 1016/2007
• Court: Orange Free State Provincial Division
• Hearing Date: 14 October 2008
• Citation: 2008 JDR 1359 (O)

Having Considered the Summons and the Other Documents Filed of Record and Having Heard Counsel for Applicant.

IT IS ORDERED THAT: (By agreement)

1.

1.1

The defendant is ordered to pay the capital amount of R4 950 000-00 (four million nine hundred and fifty thousand rand) to the plaintiff's Attorney s of record, by payment into their trust account, details as follows:

Honey Attorneys – Trust Account

Nedbank – Maitland Street branch, Bloemfontein

Branch Code : 11023400

Account No : 1102475912

2008 JDR 1359 p2

Having Considered the Summons and the Other Documents Filed of Record and Having Heard Counsel for

1.2

It is recorded that the aforesaid amount is nett of interim payments amounting to R305 815,62 (THREE HUNDRED AND FIVE THOUSAND EIGHT HUNDRED AND FIFTEEN RAND AND EIGHTY TWO CENTS), and that the capital amount before deduction of the interim payments amounts to R5 255 515,82 (FIVE MILLION TWO HUNDRED AND FIFTY FIVE THOUSAND EIGHT HUNDRED AND FIFTEEN RAND AND EIGHTY TWO CENTS).

2.

The aforesaid capital amount will not bear interest unless the Defendant fails to effect payment thereof within fourteen calendar days of the date of this Order, in which event the capital amount will bear interest at the rate of 15.5% per annum calculated from and including the fifteenth calendar day after the date of this Order to and including the date of payment thereof.

3.

It is recorded that the Defendant has already furnished to the Plaintiff an Undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act 56 of 1996, for the costs of the future accommodation of the Plaintiff in a hospital or nursing home or the treatment of or the rendering of a service or the supplying of goods to the Plaintiff in the motor vehicle accident that occurred on 15 May 2005, in terms of which Undertaking the Defendant will be obliged to compensate the Plaintiff in respect of the said costs after the costs have been incurred either by the Plaintiff or by any party on behalf of the Plaintiff and on proof thereof.

2008 JDR 1359 p3

Having Considered the Summons and the Other Documents Filed of Record and Having Heard Counsel for

4.

The Defendant is ordered to pay the Plaintiff's taxed or agreed party and party costs up to and including Friday 10 October 2008, including the...