Victim loses RAF claim linked to bar fight
In a RAF claim with a twist, the Gauteng High Court (Pretoria) ruled that when a car is used as a weapon, the fund is not liable to compensate the victim.
With negligence not proven and intention not pleaded in this case, the damages claim was turned down, reports The Star.
The plaintiff, Oscar Mashengani, in claiming from the fund for the injuries he had suffered after he was hit by a vehicle, remained silent in court regarding the exact circumstances under which he was injured.
But witnesses shed light on the matter.
On New Year’s Day 2019, the plaintiff and his two friends were at Fish Point Tavern in Louis Trichardt.
The plaintiff got into a fight with another patron Tendani Ramunenyiwa.
Ramunenyiwa got into his vehicle, aimed it at the plaintiff and his friends and knocked down the plaintiff.
Mashengani was taken to a nearby clinic for treatment.
A case of attempted murder was later opened against Ramunenyiwa.
The evidence contained in the case docket was served before Judge Graham Moshoane in the claim against the RAF.
Mashengani told the court that he did not know why the vehicle drove into him.
Moshoane concluded that the plaintiff had failed to discharge his onus to prove negligence on the part of the insured driver.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
