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Summary - Road Accident Fund vs Fonesca Rui Fernando Faria

SUMMARY

13 June 2014  


ROAD ACCIDENT FUND VS FONESCA RUI FERNANDO FARIA

THE SUPREME COURT OF APPEAL DECISION


On the 19th of May 2014 the Supreme Court of Appeal delivered the annexed Judgment which dealt with whether the Road Accident Fund was bound by the decision by its own experts.  In this matter a joint minute was prepared by the Plaintiff as well as the Road Accident Fund’s medical experts wherein it was agreed that the Plaintiff’s injuries would qualify as serious.  However immediately before the trial, the Road Accident Fund delivered a Notice to the Plaintiff’s attorneys advising that they did not accept Plaintiff’s injuries as serious.  The court a quo proceeded to award general damages to the Plaintiff which was then taken on Appeal to the Supreme Court of Appeal.

The Supreme Court of Appeal’s decision upheld the Road Accident Fund’s Appeal confirming that it is the Road Accident Fund itself that it needs to be satisfied that the injuries would qualify as serious and it is an administrative procedure.  It is not a judicial one and that the court cannot proceed to award general damages until the Road Accident Fund has accepted the injuries as serious or until the administrative appeal procedure set out in the regulations has been followed.  

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