Paixao and Another v Road Accident Fund

2315 Words Jan 28th, 2018 9 Pages
2) The court of first instance was the South Gauteng High Court, Johannesburg (GSJ). The judge/presiding officer in this case was Mathapo J. (378J)
3) Paixão and Another v Road Accident Fund [2011] ZAGPJHC 68. (377G)
4) The Road Accident Fund (RAF) is a juristic person instituted by Parliament as a statute in South Africa, which acts as a national, compulsory vehicle insurer. The main function of the Road Accident Fund is to provide appropriate insurance cover to all road users both South African and foreign visitors, and for rehabilitating and compensating persons injured or killed as an outcome of motor vehicle accidents. You are insured against injury suffered at the hands of another negligent driver. (Road Accident Fund Act 56 of 1996, section 2)
5) The deceased (José Adelino Do Olival Gomes), who passed away in a motor vehicle accident in 2008 [2], lived with the first appellant (Maria Angelina Paixão) and her daughter, the second appellant (Michelle Orlanda Santos) in a mutually supportive, committed and loving life partnership and the first appellant and the deceased intended to get married pending the finalisation of the deceased’s divorce from another woman, under both South African and Portuguese law (the divorce was finalised in 2005 and 2007 officially in both countries respectively) ; however, the deceased passed away before a legally-recognised marriage could be concluded between him and…

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