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South Africa: North Gauteng High Court, Pretoria
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[2010] ZAGPPHC 82
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Rocker v Road Accident Fund (3433/2005) [2010] ZAGPPHC 82 (30 July 2010)
I
N
THE NORTH GAUTENG HIGH COURT,
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
CASE
NUMBER: 3433/2005
DATE:
30/07/2010
In
the matter between:
MUHAMMED
IGHSAAN ROCKER PLAINTIFF
and
ROAD
ACCIDENT FUND DEFENDANT
JUDGMENT
GOODEY
AJ:
[1]
This matter pertains to a motor vehicle collusion which took place on
or about the 9
th
of February 2004 at the intersection of Aletta and Bart Joubert
streets, Erasmia, Pretoria, between motor vehicle bearing
registration
letters and numbers NHJ 680 GP (hereinafter referred to
as the insured vehicle) there and then being driven by one M. Wajar
(hereinafter
referred to as the insured driver) and motor vehicle
bearing registration letters and numbers MJD 688 GP there and then
being driven
by Plaintiff.
[2]
I was called upon by counsel to concern myself with the merits
only.
[3]
The Plaintiff avers that the collusion was caused by the sole
negligent driving of the insured driver.
[4]
On
the other hand the defendant avers the collision was caused by the
sole negligence of the Plaintiff.
[5]
Both parties called witnesses to testify and these witnesses were
duly cross examined.
[6]
I called for heads of argument from counsel which I have not
received to date.
[7]
Be that as it may, I will give my reasons later.
[8]
I make the following order:
1.
The Defendant is ordered to pay 50% of the Plaintiff's claim,
either agreed or proved;
2.
The Defendant is further ordered to pay 50% of the Plaintiff's
taxed costs.
GOODEY
AJ