Claims for emotional shock arising out of the death of a. Emotional shock claimants whose claim falls within the ambit of section 171 of the road accident fund act 56 of 1996 hereinafter referred to. Raf was governed by the road accident fund act 56 of 1996, which prescribed that raf was to pay compensation to victims of road accidents involving a motor vehicle. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Jul 31, 2008 in 2005, the road accident fund raf act was amended. Butterworths legislation service, road accident fund act, no. Road accident fund commission act delhi high court. The raf amendment act 19 of 2005 hereinafter referred to as the amendment act amended the raf act 56 of 1996 hereinafter referred to as the raf act and came into effect on 1 august 2008. The motor vehicle accidents fund act 93 of 1989, schedule arts 55, 56, 57, 62. Although the amendment act also abolishes a motor vehicle accident victims common law right to claim compensation from a wrongdoer for losses that are not claimable under the road accident fund act 56 of 1996 raf act, and it limits the amount of compensation that the raf is obliged to pay for claims for loss of income or a dependants. The definition of medical practitioner in the road accident fund regulations, 2008, 16 viz. The road accident fund raf was established in south africa by an act of parliament and has been. The legal question was whether a secondary victims claim for emotional shock should be limited by the application of section 181 of the road accident fund act 56 of 1996 or not. Pdf the interpretation of the amended raf act 56 of 1996.
False injury and death claims are devastating the road accident fund. The defendant will furnish the plaintiff with an undertaking in terms of the provisions of section 17 4 of the road accident fund act, act 56 of 1996 to compensate the plaintiff for the costs of future accommodation of plaintiff in a hospital or nursing home or for the treatment of or rendering of a service supplying of goods to him after. To provide for the establishment of the road accident fund. Road accident fund act and regulations 56 1996 share results. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. Shocking consequences for emotional shock victims by regional. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Butterworths legislation service, road accident fund act. Accident fund act 56 of 1996 1 introduction section 175 of the road accident fund act 56 of 1996 raf act provides as follows. The road accident fund raf was established in 1996 to protect the rights of innocent persons injured in accidents as a result of anothers negligent driving. It is hereby notified that the president has assented to the following act which is hereby published for general information. 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 per. Fund regulations, 2008, made under section 26 of the road accident fund act, 1996 act no.
Suppliers claims in terms of section 175 of the road accident fund act 56 of 1996. Words in bold type indicate omissions from existing enactments. Apr 03, 2017 find 88 questions and answers about working at road accident fund. Case information appeal from a decision in the transvaal provincial division swart j. The plaintiff is represented by a curator ad litem, one k m rontgen an attorney with right of appearance, who is duly. Accident fund act 56 of 1996, for the costs of future accommodation of the plaintiff in a hospital or nursing home, or treatment of or rendering of a service or supplying of goods to the plaintiff, arising out of the injuries sustained in a motor vehicle collision in question and the sequelae thereof, after. Accident fund insurance company of america has provided workers compensation insurance coverage since 1912. Do you know how to claim from the road accident fund. Is an undertaking in terms of section 174a of the road accident fund act 56 of 1996 sufficient to include cost of a domestic assistant. In 2005, the road accident fund act of 1996 was amended.
The print subscription includes a free mobile version as well as updates for 12 months print and mobile. Many, recently would have noted the judgement in the matter of k p mphirime v raf 2016 unreported, as the honourable judge stated that a case was made out that the plaintiff would be entitled to be paid for the costs of employing a domestic assistant. As the existing faultbased compensation system administered by the road accident fund, established by the road accident fund act, 1996 act no. Busuku v road accident fund 30552014 2016 zaecmhc 30. One of the main results is that for claims arising from accidents occurring after 31 july, 2008, the road accident fund is liable for compensating the victims of road accidents for general damages for pain and suffering, only in the case of serious injury. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. Learn about the interview process, employee benefits, company culture and more on indeed. Under which circumstances does the raf have a right of recourse against the owner andor driver of a motor vehicle in terms of section 252 and 3 of the raf act 56 of 1996. Almost r1,75billion a year has been paid out in false claims submitted in the past five years, according to the head of the. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to 30 april 3 i march of the following year. The interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims.
It is thus a claim under section 17 1 b of the road accident fund act 56 of 1996 the act. The fund appeals against that ruling with leave of this court. As there is a need for an effective benefit system, which is reasonable, equitable. The minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. The road accident fund act 56 of 1996 and serious injuries. The raf, set up by the road accident fund act of 1996, ensures financial compensation, against certain requirements, for persons involved in motor vehicle accidents in south africa, where such accidents are not caused by their own negligence. These regulations are published for general information. Accidental starting of a motor vehicle and section 201 of. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. Polity offers free access to south african legislation, policy documents and daily political news. This entails that a thirdparty claimant who wishes to claim compensation for nonpatrimonial loss suffered after a motorvehicle accident has to prove that his or her injury is serious.
The bill seeks to expand the powers of the fund to include the power to subcontract its functions, currently the responsibility of the fund, either to the private sector or another organ of state. Search functionality on pdf version of policy documents. Popi act protection of personal information act, 20 act no. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no.
The raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. Words hi bold type in square brackets indicate omissions from existing enactmens. View notes unit 5 the quantum of damages thirdparty claim in terms of road accident fund act 56 of 1996. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act the road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa.
Ahmed r and steynberg l claims for emotional shock arising out of the death of a passenger who is subject to section 181 of the road accident fund act. This was an argument on a special plea filed by the defendant to a claim made by the plaintiff under the provisions of the road accident fund, act no 56 of 1996. The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road users for personal bodily injuries. This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996.
A glance at the road accident fund amendment bill raf bill. The road accident fund raf is a public entity established in terms of the road accident fund act 56 of 1996 the act as amended, to compensate victims of road accidents where serious injury or death arose as a consequence of wrong doing or fault. You need to ensure all documents are original hard copies. Adjustment of statutory limit in respect of claims for loss of income and loss of support. The act has been updated with a board notice regarding adjustment of statutory limit, published in government gazette no. This item appears in the following collections research articles mercantile law 336. Road accident fund claims from the road accident fund in. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles.
The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. Motor vehicle insurance act 29 of 1942 was the first compulsory motor vehicle insurance road accident fund act, 1996 act no. Gg 31249, notic e number 770 of 21 july 2008, the regulations became effective on 1 august 2008. While enacting the road accident fund act of 2005, the legislators argued that the limitations put on the previous act were overly discriminatory on certain groups of people, especially the poor and the middleincome earners, who needed the fund more.
Please refer to this item in sunscholar by using the following persistent url. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. Act to provide for the establishment of the road accident fund. Suppliers claims in terms of section 175 of the road. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the multilateral motor vehicle accidents fund. The fund was designed to compensate victims for damages incurred, pain and suffering, medical expenses and loss of income, and also to protect those dependents who suffered loss of. The manner in which the raf board is appointed, and constituted, is regulated by section 10 of the road accident fund act, no. Is an undertaking in terms of section 174a of the road. Because of the fault based compensation system, raf had to defend all claims lodged on an adversarial approach. The minister of transport hereby, in terms of section 26 1ab of the road accident fund act, 1996 act no.
Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. Changes to road accident fund compensation dsc attorneys. Geel v road accident fund 209642011 2012 zawchc 145. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no.
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