LPL4802 ASSIGNMENT 1 SEMESTER 1 FOR
2022-LAW OF DAMAGES. GUARANTEE PASS.
90% AND ABOVE WITH BIBLIOGRAPHY AND
FOOTNOTES. QUALITY WORK.
QUESTION 1.1
(a)
In his capacity as an employee, who are the two defendants that Zacks may claim
compensation from and or institute claims of action against, in terms of relevant
statutes? Further provide such statutes on which Zacks can rely to make such
claims. (4)
The two defendants that Zacks may claim compensation from and or institute claims of
action against are the Road Accident Fund or an agent.
Section 17 (1) of the Road Accident Fund provides that the Fund or an agent shall:
. subject to this Act, in the case of a claim for compensation under this section arising
from the driving of a motor vehicle where the identity of the owner or the driver thereof
has been established or
. subject to any regulation made under section 26, in the case of a claim for
compensation under this section arising from the driving of a motor vehicle where the
identity of neither the owner nor the driver thereof has been established, be obliged to
compensate any person (the third party) for any loss or damage which the third party
has suffered as a result of any bodily injury to himself or herself or the death of or any
bodily injury to any other person, caused by or arising from the driving of a motor
vehicle by any person at any place within the Republic, if the injury or death is due to
the negligence or other wrongful act of the driver or of the owner of the motor vehicle or
, of his or her employee in the performance of the employee’s duties as employee:
Provided that the obligation of the Fund to compensate a third party for non-pecuniary
loss shall be limited to compensation for a serious injury as contemplated in subsection
(1A) and shall be paid by way of a lump sum.1
(b)
In the event that the person/body standing in for the employer pays Zacks
compensation, indicate what statutory right of recourse it (such body) has
against the third party. (4)
Section 17 (5) of the Road Accident Fund provides that where a third party is entitled to
compensation in terms of this section and has incurred costs in respect of
accommodation of himself or herself or any other person in a hospital or nursing home
or the treatment of or any service rendered or goods supplied to himself or herself or
any other person, the person who provided the accommodation or treatment or
rendered the service or supplied the goods (the supplier) may, notwithstanding section
19(c) or (d), claim an amount in accordance with the tariff contemplated in subsection
(4B) direct from the Fund or an agent on a prescribed form, and such claim shall be
subject, mutatis mutandis, to the provisions applicable to the claim of the third party
concerned, and may not exceed the amount which the third party could, but for this
subsection, have recovered. The Fund, or an agent with the approval of the Fund, may
make an interim payment to the third party out of the amount to be awarded in terms of
subsection (1) to the third party in respect of medical costs, in accordance with the tariff
contemplated in subsection (4B), loss of income and loss of support: Provided that the
Fund or such agent shall, notwithstanding anything to the contrary in any law contained,
only be liable to make an interim payment in so far as such costs have already been
1
Road accident fund act 56 of 1996.
2022-LAW OF DAMAGES. GUARANTEE PASS.
90% AND ABOVE WITH BIBLIOGRAPHY AND
FOOTNOTES. QUALITY WORK.
QUESTION 1.1
(a)
In his capacity as an employee, who are the two defendants that Zacks may claim
compensation from and or institute claims of action against, in terms of relevant
statutes? Further provide such statutes on which Zacks can rely to make such
claims. (4)
The two defendants that Zacks may claim compensation from and or institute claims of
action against are the Road Accident Fund or an agent.
Section 17 (1) of the Road Accident Fund provides that the Fund or an agent shall:
. subject to this Act, in the case of a claim for compensation under this section arising
from the driving of a motor vehicle where the identity of the owner or the driver thereof
has been established or
. subject to any regulation made under section 26, in the case of a claim for
compensation under this section arising from the driving of a motor vehicle where the
identity of neither the owner nor the driver thereof has been established, be obliged to
compensate any person (the third party) for any loss or damage which the third party
has suffered as a result of any bodily injury to himself or herself or the death of or any
bodily injury to any other person, caused by or arising from the driving of a motor
vehicle by any person at any place within the Republic, if the injury or death is due to
the negligence or other wrongful act of the driver or of the owner of the motor vehicle or
, of his or her employee in the performance of the employee’s duties as employee:
Provided that the obligation of the Fund to compensate a third party for non-pecuniary
loss shall be limited to compensation for a serious injury as contemplated in subsection
(1A) and shall be paid by way of a lump sum.1
(b)
In the event that the person/body standing in for the employer pays Zacks
compensation, indicate what statutory right of recourse it (such body) has
against the third party. (4)
Section 17 (5) of the Road Accident Fund provides that where a third party is entitled to
compensation in terms of this section and has incurred costs in respect of
accommodation of himself or herself or any other person in a hospital or nursing home
or the treatment of or any service rendered or goods supplied to himself or herself or
any other person, the person who provided the accommodation or treatment or
rendered the service or supplied the goods (the supplier) may, notwithstanding section
19(c) or (d), claim an amount in accordance with the tariff contemplated in subsection
(4B) direct from the Fund or an agent on a prescribed form, and such claim shall be
subject, mutatis mutandis, to the provisions applicable to the claim of the third party
concerned, and may not exceed the amount which the third party could, but for this
subsection, have recovered. The Fund, or an agent with the approval of the Fund, may
make an interim payment to the third party out of the amount to be awarded in terms of
subsection (1) to the third party in respect of medical costs, in accordance with the tariff
contemplated in subsection (4B), loss of income and loss of support: Provided that the
Fund or such agent shall, notwithstanding anything to the contrary in any law contained,
only be liable to make an interim payment in so far as such costs have already been
1
Road accident fund act 56 of 1996.
