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DBpedia 2016-04

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Matches in DBpedia 2016-04 for { ?s ?p "General Accident Insurance Co South Africa Ltd v Xhego and Others is an important case in the South African law of delict, particularly the area of compensation for motor vehicle accidents. The case was heard in the Appellate Division, by Joubert JA, Van Heerden JA, Smalberger JA, F H Grosskopf JA and Van Coller AJA, on November 18, 1991, with judgment handed down on November 29. The appellant, whose attorneys were Silberbauers, Cape Town, and Symington & De Kok, Bloemfontein, was represented by BM Griesel. The respondents, whose attorneys were Coulter, Van Gend & Kotze, Claremont, and Webbers, Bloemfontein, were represented by BJR Whitehead.The question was whether or not, in terms of section 8(1) of Motor Vehicle Accidents Act, the injuries to the claimants had been \"caused by or aris[en] out of the driving of a motor vehicle.\" The claimants' injuries, fire burns, had been caused by petrol-bomb attack on the bus in which they were travelling. A number of other buses had been stoned or petrol-bombed on the same route a number of times during the previous four days. The route had even been closed for some months prior to the incident, due to unrest in the area, and had only been reopened some three weeks before the present incident. There was, the court found, a sufficiently close link between the injuries and the driving of the bus to conclude that the injuries had arisen out of such driving. A reasonable bus owner would have realised that there existed the real possibility of a serious attack on the bus on the route in question existed. The precautionary measures taken were found not to be sufficient, and the injuries sustained by the claimants due to the negligence of the owner of the bus."@en }

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