N$67k judgment against Siluka
A judgment in the sum of N$67 926.50 was granted yesterday against fisheries spokesperson Malauli de Wet Siluka in the Windhoek High Court in favour of short-term insurer Santam Namibia.
Santam, in its claim filed during June last year, told the court that it had insured a Toyota Yaris three-door vehicle for Siluka from 24 January 2014 to 1 October 2014. On 20 September 2014, at around 23:30, the vehicle, while driven by Siluka, was involved in an accident.
Santam says it was informed of the damage to the vehicle on 23 September. Moreover, the company told the court that “on 14 August 2014 and again on 23 September 2014, Siluka represented to it that he was the title holder of the insured motor vehicle, in that he failed to declare to the company that the vehicle was in fact the subject of a hire-purchase agreement.” Santam says the representation made by Siluka was false because he knew he had a hire-purchase agreement with Bank Windhoek and that the bank was in fact the title holder of the car.
However, his representation, Santam says, was material and was made with the intention of inducing the insurer to pay him a settlement of N$67 926.50.
Santam made the payment to Siluka on 12 November 2014.
“But for the representation, [Santam] would not have paid Siluka the sum.” However, the company said that on 17 February 2015, it had to pay Bank Windhoek, as title holder of the vehicle, the same amount it had paid to Siluka.
“Notwithstanding due demand, the defendant had failed to repay the plaintiff the said sum of N$67 926.50 or any part thereof,” Santam said.
Siluka did not defend the matter before Judge Marlene Tommasi and was not represented by counsel.
Santam further asked for 20% annual interest dated from 12 November 2014 and costs.
The order was granted. Borris Erasmus appeared for Santam.
YANNA SMITH
Santam, in its claim filed during June last year, told the court that it had insured a Toyota Yaris three-door vehicle for Siluka from 24 January 2014 to 1 October 2014. On 20 September 2014, at around 23:30, the vehicle, while driven by Siluka, was involved in an accident.
Santam says it was informed of the damage to the vehicle on 23 September. Moreover, the company told the court that “on 14 August 2014 and again on 23 September 2014, Siluka represented to it that he was the title holder of the insured motor vehicle, in that he failed to declare to the company that the vehicle was in fact the subject of a hire-purchase agreement.” Santam says the representation made by Siluka was false because he knew he had a hire-purchase agreement with Bank Windhoek and that the bank was in fact the title holder of the car.
However, his representation, Santam says, was material and was made with the intention of inducing the insurer to pay him a settlement of N$67 926.50.
Santam made the payment to Siluka on 12 November 2014.
“But for the representation, [Santam] would not have paid Siluka the sum.” However, the company said that on 17 February 2015, it had to pay Bank Windhoek, as title holder of the vehicle, the same amount it had paid to Siluka.
“Notwithstanding due demand, the defendant had failed to repay the plaintiff the said sum of N$67 926.50 or any part thereof,” Santam said.
Siluka did not defend the matter before Judge Marlene Tommasi and was not represented by counsel.
Santam further asked for 20% annual interest dated from 12 November 2014 and costs.
The order was granted. Borris Erasmus appeared for Santam.
YANNA SMITH
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