Prinsloo v Du Preez, NO

• Jurisdiction: South Africa
• Judge: Vieyra J
• Judgment Date: 30 June 1965
• Citation: 1965 (4) SA 300 (W)
• Hearing Date: 02 February 1965
• Court: Witwatersrand Local Division

B Vieyra, J.:

Action was brought by Mrs. Ivy Prinsloo against the liquidator of The Yeoman Insurance Co. Ltd. for payment of compensation in terms of the Motor Vehicle Insurance Act, 29 of 1942, in respect of damages sustained by the plaintiff in a collision between an ambulance belonging to the City Council of Johannesburg and a motor vehicle insured by the aforesaid insurance company in terms of the said statute. C The plaintiff was a passenger in the ambulance, and she alleges she suffered damages in the sum of R20,000, due partly to the negligence of the driver of the insured vehicle and partly to the negligence of the driver of the ambulance.

Para. 8 of the declaration states as follows:

'The plaintiff has settled her claim against the City Council of Johannesburg in respect of the said collision and has released the said D City Council from further liability in respect thereof. The amount paid by the said City Council of Johannesburg to the plaintiff and accepted by her in full settlement of her claim against the said City Council is the sum of R1,750.'

The plaintiff says further that she is accordingly entitled to claim onehalf of the damages suffered, i.e. R10,000, from the defendant. In response to a request for further particulars the plaintiff supplied to E the defendant a copy of the agreement of settlement arrived at between her and the aforesaid City Council. This reads as follows:

'I, the undersigned, Ivy Dorothy Prinsloo (born Pieterse), do hereby accept from the City Council of Johannesburg the sum of R1,750 in full, final and absolute settlement of legal costs and all claims of any and every nature whatsoever which I have or may have against the City Council of Johannesburg and/or any of its employees and/or agents, F arising out of, consequent upon, or incidental to an accident which occurred on or about 9th June, 1962, when I sustained injuries.

I agree that payment of the aforesaid amount shall in no way constitute an admission of liability by the said City Council of Johannesburg and/or its employees and/or its agents.

I furthermore acknowledge and agree that the said settlement satisfies and discharges all legal costs, medical, surgical, hospital and other expenses of every nature whatsoever incurred or to be incurred by me as G a result of the bodily and other injuries sustained in the said accident; and also satisfies and discharges all damages of every nature whatsoever, directly or indirectly resulting from the said bodily injury, whether claimed by me in the said action or not, as well as all other claims for present, future and/or unascertained damages of any and...