Road Accident Fund v Bethwell Maphiri

The respondent, Bethwell Maphiri, was injured in a motor vehicle collision on 6 September 1996 while acting in the course and scope of his employment. The Road Accident Fund (RAF) was statutorily liable for his damages, but liability was apportioned 50:50 due to the respondent’s contributory negligence. As an employee injured in an occupational accident, the respondent also received statutory compensation from the Compensation Commissioner under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). The Commissioner paid compensation for past medical expenses and temporary total disablement, but not for general damages such as pain and suffering. The dispute concerned how the compensation received under COIDA should be taken into account when determining the RAF’s liability under s 36 of COIDA.

The appeal was upheld. The judgment of the court a quo was set aside and replaced with an order reducing the respondent’s award to R12 820,36. No order as to costs on appeal was made.

The case authoritatively clarifies the interaction between COIDA compensation and delictual claims against third parties, particularly the Road Accident Fund. It definitively rejects the ‘like from like’ principle and confirms that full statutory compensation must be deducted from the third party’s total delictual liability, ensuring that employees do not receive more than their full common-law damages and that third parties’ liability is not increased by COIDA.