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South Africa: North Gauteng High Court, Pretoria
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[2025] ZAGPPHC 472
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Ackerman v Road Accident Fund (34965/2021) [2025] ZAGPPHC 472 (6 May 2025)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NO: 34965/2021
(1)
REPORTABLE:
NO
(2)
OF INTEREST TO OTHER JUDGES:
NO
(3)
REVISED.
DATE
06/05/2025
SIGNATURE
In
the matter between:
BENJAMIN
LEIGH ACKERMAN
Plaintiff
And
ROAD
ACCIDENT FUND
Defendant
REASONS FOR JUDGMENT:
REQUEST FOR REASONS IN
TERMS OF RULE 49(1)(c)
MBONGWE
J:
[1]
The Plaintiff was involved in a motor vehicle
accident during 2019. It appeared his claim was settled with the
Defendant, the Road
Accident Fund, save in respect of the claim for
past medical expenses.
[2]
The Plaintiff’s matter came before me on 24
and 26 February 2025 when default judgment was sought against the RAF
for payment
of past medical expenses which included the cost of a
flight that was incurred to ferry the Plaintiff from Johannesburg to
Cape
Town.
[3]
I awarded the amount for past medical expenses in
respect of which proof that same had been submitted and claimed from
the RAF,
but refused to grant the flight costs of about R69,000.00.
This request for reasons is in respect of the said refusal.
[4]
I have now perused the transcript of the
proceedings of 24 February 2025 and noted that despite a lengthy
engagement with the Plaintiff’s
Counsel, Mr Eia, during which I
sought proof that the claim for payment of R69,000.00 for the flight
had been submitted and the
RAF was, therefore, aware thereof, no
cogent proof of submission of that claim could be produced. I was, in
consequence, not inclined
to grant the order sought in those
circumstances.
[5]
Counsel for the Plaintiff undertook to consult
with his instructing attorneys and would return to court at 14h00.
The matter was
then stood down accordingly. Counsel never returned
and no explanation was given.
[6]
On Wednesday, 26 February 2025, a different
counsel for the Plaintiff, Mr Ras, appeared in court. He advised the
court that he had
been briefed in the matter that morning but had no
knowledge of the facts and how far the matter had progressed, save
that he was
to hand in a Draft Order. The Draft Order contained the
amount for past medical expenses, for which submission to the RAF was
proved
in court. The Draft was accordingly made an order of the
court.
MPN
MBONGWE
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
Appearances:
For
the Plaintiff:
Adv
Eia; Adv Ras
Instructed
by:
Savage
Jooste & Adams
For
the Defendant:
No
appearance
Date
of hearing:
24
& 26 February 2025
Date
of Order:
26
February 2025
Date
of Reasons:
05
May 2025