Maseko obo Estate late Moerone v Road Accident Fund (42536/2021) [2025] ZAGPJHC 555 (29 April 2025)

10 Reportability
Personal Injury Law - Road Accident Fund

Brief Summary

Damages — Road Accident Fund — Claim for damages by estate of deceased — Plaintiff, representing the estate of the late Moerone Isaac Sipholo, sought damages from the Road Accident Fund following the deceased's death, which was unrelated to the accident — Defendant conceded liability for 100% of the claim — Court awarded R2 273.95 for past medical expenses and R300 000 for general damages, along with costs.

CASE NO:

42536/2021

DATE:

29-04-2025

DELETE WHICHEVER IS NOT APPLICABLE

(1) REPORTABLE: NO.

(2) OF INTEREST TO OTHER JUDGES: NO.

(3) REVISED.

SIGNAIURE

10 In the matter between

ME MASEKO obo ESTATE LATE MOERONE

Plaintiff

and

ROAD ACCIDENT FUND

Defendant

20

WEIDEMANAJ: Matter 28 on this week's roll, case number 42536/2021 the matter of Maseko Elisabeth Mpumulani, nomino officio on behalf of the Estate late Moerone Isaac Sipholo This matter came before court in respect of two heads of damage that transferred to the estate after the death of the erstwhile plaintiff who succumbed in circumstances not connected to the accident.

On or about 3 June 2022 the defendant conceded 100 %

i.e ruling concerned understand, Court.

concerned .

claim executrix . defendant.

10

42536/2021-bdp 29-04-2025

5

high court litigation up to today despite the fact that the assessment of the seriousness of the injuries had been done approximately two years ago Having been given the opportunity to comment and not having presented an argument that persuaded me that it would be inappropriate to do s0, my order therefore reads as follows:

- 1 _ The defendant shall pay the plaintiff the sum of R2 273.95 in respect of past hospital medical expenses.
- 2 The defendant shall pay the plaintiff the sum of R300 000 in respect of the claim for general damages
- 3 The estate is entitled to party and party costs, as taxed agreed, from the commencement of the matter up to 30 June 2023 The plaintiff is entitled to attorney and client costs from 7 July 2023 up to and including today. Counsel's fees to be on scale B

20 WEIDEMAN, AJ JUDGE OF THE HIGH COURT DAIE: