The adjudicator had to ascertain whether the circumstances involving the applicant constituted an "accident" as defined in section 2(1) of the Statutory Accident Benefits Schedule- Accidents on or After November 1, 1996. The applicant alleged psychological and mental injuries and impairments. The applicant remained in the school bus, alone and unattended, for approximately two hours.
AVIVA MEANING DRIVER
The driver was to take the applicant to school, but instead, with the applicant still in the vehicle, travelled to the driver's own house, got into a different vehicle, and left. Due to her disability, the applicant was attached to a seatbelt and her wheelchair was strapped down on all four corners by the driver. On April 16, 2009, the applicant, a seven-year old elementary school student suffering from cerebral palsy and quadriplegia was picked up by a school bus at her home. Aviva Insurance broadens the definition of the term "accident" as per SABS and potentially opens doors for accident benefits claims being brought forward that don't necessarily fit neatly into the classic category of what we are used to thinking about as an "accident". September 2017 LAT Broadens the Definition of Accident as per SABS Case Comment: 16-00218 v.
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