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Liability of the Fund and It's Agent's

  • Date Submitted: 05/06/2011 12:23 PM
  • Flesch-Kincaid Score: 48.3 
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First I need to highlight the relevant statutory provisions concerned with the Road Accident Fund.
Liability of the fund and its agents:
This is set out in section 17 of the RAF Act 56 of 1996, which imposes on the fund or its agents and obligation to compensate any person( the third party) for any loses or damage which the third party has suffered as a result of any body injury to himself or herself or death of   or any bodily injury to any other person caused by or arising from the driving of a motor vehicle by any person within the Republic, if injury or death is due to the negligence or the wrongful act of the driver or the owner of the motor vehicle or his or her employee in the performance of his or her duties where the identity of the driver or owner has been established. The fund or agent shall not be obliged to compensate any person in terms of section 17 for any loss or damage for which neither the driver nor owner of the motor vehicle concerned could have been liable. (Vivian, 2008:31)
Limitations of the RAF’s liability:  
This is set out in the section 18(1) and (2). Not all injured parties can receive compensation or where they do full compensation from the RAF. Compensation is limited in two cases in particular being persons conveyed on or in the vehicle [s18 (1)] and persons who are also entitled to compensation under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 [s18 (2)] in respect of such injury or death, therefore under s18(1) limits the liability of the RAF to pay compensation to people who are injured under this section to the amount of R25 000. Then when the injured party is an employee and is injured by the employer he or she can recover from the Workers Compensation Act. (Vivian, 2008:40)
Liability excluded in certain cases:
This is dealt with in section 19 where there are specific instances where the RAF or its agents incur no liability, its relevant because provides that the fund shall not be obliged to...

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