High Court rules on Road Accident Fund liability

IN A Road Accident Fund claim with a twist, the Gauteng High Court in Pretoria ruled that when a car is used as a weapon, the fund is not liable to compensate the victim.

- ZELDA VENTER

With negligence not proven and intention not pleaded in this case, the damages claim was turned down.

The plaintiff, Oscar Mashengani, in claiming from the fund for the injuries he had suffered after he was hit by a vehicle, remained mum in court regarding the exact circumstances under which he was injured.

But several witnesses who were present during the late-night New Year’s brawl, when the incident occurred, shed light on exactly what had happened.

On New Year's Day 2019, the plaintiff and his two friends enjoyed the festivities that come with ushering in ofa new year, and they were at the Fish Point Tavern, situated in the Vleifontein area in Louis Trichardt.

In the early hours of the morning, the tavern owner told the plaintiff and his friends to leave.