Khaya Mthethwa, former hubby of Miss South Africa has won a case against insurance giant insurance company after they failed to pay for his claim after an accident. Mthethwa, the former Idols winner and gospel musician, was involved in a car accident around 05h30 on the morning of 26 December 2016 wherein his insured vehicle was damaged. Mthethwa has finally found justice from MiWay Insurance after eight years of fighting the company. 

COURT RULED IN HIS FAVOUR 

Durban High Court Judge A.J . Leso ruled in favour of Mthethwa. The judgment said: "From proven facts and the evidence before me there is no evidence that suggests that Mthethwa supplied the insurer with dishonest information relating to the speed he was driving, and how the accident occurred. " The insured cannot succeed with its grounds for repudiation as pleaded."Consequently, Plaintiff (Mthethwa) is entitled to judgment in his favour." In fighting MiWay, Mthethwa went the extra mile by hiring a lawyer and a police witness who was on the scene after the accident occurred.

MORE DRAMA 

According to court documents, the defendant (MiWay) had intended to pursue its defence that the insured driver was driving under the influence of drugs and/or alcohol up until the morning of the trial". The costs made by the court are that the Plaintiff (Mthethwa) argued that he is entitled to costs on the following basis: 62.1 that he had consulted with his legal representative, and arranged for travel, and accommodation for the police officer who was present at the scene, after the collision because the defendant had intended to pursue its defence that the insured driver was driving under the influence of drugs and/or alcohol up until the morning of the trial. * 62.2 The witness was flown from and to Durban. * 62.3 The interpreter was present to assist the witness in the giving of his evidence who was paid, and was present at Court on the morning of the trial. The judge added: "Similarly, the basis for the repudiation of the claim made by Mthethwa is not justifiable in terms of the law." The judge made the following costs: "The insurer is liable for the plaintiffs? proven or agreed damages including the retail value of the vehicle less the excess plus the interest on the aforesaid from 26 December 2016. "The credit shortfall, storage,e and towing charges as per the policy, plus interest on the aforesaid and finance charges on the loan to the date of the payment. the additional interest he incurred as a result of the defendant’s repudiation. "The amount to be paid on the aforesaid and the interest and additional interest would be determined at the quantum stage of the trial."