Boy v Road Accident Fund (20753/13) [2017] ZAGPPHC 62 (28 February 2017)

Boy v Road Accident Fund (20753/13) [2017] ZAGPPHC 62 (28 February 2017)

The court found that the plaintiff was dependent on his deceased daughter's contributions for household necessities and that his government pension was insufficient to meet his basic needs. The test for entitlement to maintenance is not strict indigency but dependency on the deceased for necessities of life. The contingency deductions in the actuarial report (5% for accrued loss and 10% for prospective loss) were found to be fair and reasonable given the plaintiff's age and circumstances. The plaintiff's claim for damages for loss of support was upheld, and the defendant was ordered to pay the calculated amount with interest.

Citation
[2017] ZAGPPHC 62
Parties
Plaintiff: Sabelo Sydney Boy; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 February 2017
Case Number
20753/13
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for damages for loss of support succeeds with costs.
Judges
E.M. Kubushi
Legal Topics
Loss of Support, Maintenance Claim, Contingency Deductions, Dependency, Actuarial Calculations
Delict Loss of Support Maintenance Claim Contingency Deductions Dependency Actuarial Calculations

Case Brief

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Parties

Sabelo Sydney Boy

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff is legally entitled to claim maintenance from his deceased daughter.
  2. 2 Whether the contingency deductions in the actuarial report are correct.

Ratio Decidendi

The court found that the plaintiff was dependent on his deceased daughter's contributions for household necessities and that his government pension was insufficient to meet his basic needs. The test for entitlement to maintenance is not strict indigency but dependency on the deceased for necessities of life. The contingency deductions in the actuarial report (5% for accrued loss and 10% for prospective loss) were found to be fair and reasonable given the plaintiff's age and circumstances. The plaintiff's claim for damages for loss of support was upheld, and the defendant was ordered to pay the calculated amount with interest.

Court Disposition

Plaintiff's claim for damages for loss of support succeeds with costs.

Orders

  • The plaintiff's claim for damages for loss of support succeeds with costs on a party and party scale.
  • The defendant shall pay the sum of R340 690 together with interest at the rate of 9% per annum to the plaintiff after fourteen court days from date of this order to date of payment.