High court 'correct in disallowing road accident payment' to minor child

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Maswanganyi claimed the sole cause of the collision was the negligence of the insured driver who had crashed into the deceased's vehicle. She claimed R1m from the fund.

The Supreme Court of Appeal held that the high court was correct not to agree to a settlement agreement which could have meant the Road Accident Fund was left out of pocket.The mother of a minor child whose father was killed in a road accident has failed in her bid to ensure that the settlement agreement she reached with the Road Accident Fund is made an order of the court.

On Thursday, the majority of the Supreme Court of Appeal - in a 3-2 split - dismissed an appeal by Patronacia Maswanganyi to set aside the decision of the full bench of the high court in Polokwane in May 2017.

 

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Why didn’t she claim from the 3rd party’s insurance. Also isn’t RAF payments capped at about R190k because if so the agreement would have be void anyway.

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