Kemp v Santam
Kemp v Santam Insurance Co Ltd and Another[1] is an important case in the South African law of delict. It was heard in the Cape Provincial Division by Diemont J on 5 and 6 November, and 11 to 13 December 1974. Judgment was handed down on 12 February 1975. The plaintiff was represented by LA Rose-Innes, SC, and with him IG Farlam. His attorneys were Silberbauers. The defendant was represented by GD Griessel, and his attorneys were Jan S. de Villiers & Sons. Attorneys for the third party to the case were Truter & Lombard, and they were represented by Edwin A. Kellaway.
The case concerned an action for damages. Diemont J determined that, if part of the mechanism or the equipment or the accessories to a motor vehicle become detached while the vehicle is being driven and cause injury to a third party, the injury "arises out of" the driving of the vehicle, within the meaning of that phrase in section 11(1) of the Motor Vehicle Insurance Act.[2]
References
Cases
- Philander v Allied Assurance Co. Ltd. 1963 (1) SA 561 (C).
- Pretoria City Council v Auto Protection A Insurance Co. Ltd. 1963 (3) SA 136 (T).
- Roos v A. A. Mutual Insurance Association Ltd. 1974 (4) SA 295 (C).
- Santam Versekeringsmaatskappy Bpk. v Kemp 1971 (3) SA 305 (AD).
- Wells and Another v Shield Insurance Co Ltd and Others 1965 (2) SA 865 (C).
Statutes
- Motor Vehicle Insurance Act 29 of 1942.