Topic > Road accident case - 873

1. Paixão And Another v Road Accident Fund 2012 (6) SA 377 (SCA)2. The court of first instance was in the South Gauteng High Court, Johannesburg and the judge was Mathopo J.3. Paixao and Another v Road Accident Fund [2011] ZAGPJHC 684. The Road Accident Fund is the South African state insurer, which is provided for in the statutory provisions relating to the issue of tort in accordance with the law for damage or loss, for persons in the companies that are involved in car accidents.5. Widowed, Ms. Paixao was in a lifelong heterosexual relationship with Mr. Gomes. Ms. Paixão and her daughter, Michelle Orlanda Santos, sued the Road Accident Fund, alleging that they suffered a loss of support and maintenance as a result of Mr. Gomes' death in a car accident, as he was their sole financial provider and so they asked for compensation. There was no legal obligation for Mr Gomes to support his dependents, rather he did so out of gratitude and therefore the Road Accident Fund rejected their request.6. The judges who concurred in the ruling were: Cachalia JA, Mthiyane DP, Tshiqi JA, Petse JA and Southwood AJA.7. The central legal question of this case is whether the common law should extend its rules to take into account dependents, who are not married but are in permanent heterosexual relationships, if they are applicable to carry out maneuvers.8. The action for loss of maintenance allowance can be brought against the Road Accident Fund.9. Yes, Ms Paixão and Mr Gomes got engaged in early 2006 because the divorce was validated in June 2005 under South African law. However, the marriage with Mrs. Melro was recognized in Portugal until 2007. So the engagement, according to... half of the document... is in support of us. Furthermore, this has been a trend of broadening the common law as according to another case. A divorcee, who at the time of her death was receiving alimony from her previous husband in accordance with a court order, became legal. Related to another case. The appeal of a widow's claim to a marriage under African customary law has become legal. Furthermore, a Muslim widow whose marriage under Islamic law was not registered as a civil marriage under the Marriage Act 25 of 1961 was approved by the South African legal system. Finally, the appeal of a partner in a lifelong same-sex living relationship, tacitly involved in mutual duties of care with the deceased, was upheld under South African law.Road Accident Fund Act, 1996 [No. 56 of 1996]Paixão and another v Road Accident Fund 2012 (6) SA 377 (SCA)