Constantia Versekeringsmaatskappy Bpk. v Victor (470/84) [1985] ZASCA 138; [1986] 2 All SA 6 (A) (29 November 1985)

Constantia Versekeringsmaatskappy Bpk. v Victor (470/84) [1985] ZASCA 138; [1986] 2 All SA 6 (A) (29 November 1985)

The Supreme Court of Appeal held that the adoption of a child after the wrongful death of his natural parents does not extinguish or reduce the child's right to claim damages for loss of support. The maintenance obligation of the adoptive parent is a new legal duty, distinct from the right to compensation for the...

Source-derived case information.

Citation
[1985] ZASCA 138
Parties
Appellant: Constantia Versekeringsmaatskappy Beperk; Respondent: Joachim Jan Hendrik Victor
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 1985
Case Number
470/84
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the Trial Court
Outcome
Appeal dismissed with costs.
Judges
Rabie, Joubert, Hoexter, Botha, Nicholas
Legal Topics
Loss of Support, Adoption Effect on Damages, Quantification of Damages, Motor Vehicle Insurance, Child Maintenance, Compensation for Dependants
Delict Loss of Support Adoption Effect on Damages Quantification of Damages Motor Vehicle Insurance Child Maintenance Compensation for Dependants

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Parties

Constantia Versekeringsmaatskappy Beperk

Appellant

Joachim Jan Hendrik Victor

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Trial Court

Legal Issues

  1. 1 Whether an adopted child retains the right to claim damages for loss of support after adoption following the wrongful death of his natural parents.
  2. 2 Whether the maintenance received from the adoptive parent should reduce or extinguish the damages claim for loss of support.
  3. 3 Whether the principles applicable to a widow's remarriage should be applied to the adoption of a child in quantifying damages.

Ratio Decidendi

The Supreme Court of Appeal held that the adoption of a child after the wrongful death of his natural parents does not extinguish or reduce the child's right to claim damages for loss of support. The maintenance obligation of the adoptive parent is a new legal duty, distinct from the right to compensation for the loss suffered due to the death of the natural parents. The analogy to a widow's remarriage is inappropriate, as adoption is not a direct consequence of the wrongful death and should not be considered a mitigating factor in the calculation of damages. The damages awarded for loss of support are intended to place the child in the position he would have been in had his parents not...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.