F.A.C and Another v Road Accident Fund (55375/2015) [2024] ZAGPPHC 1292 (27 November 2024)

F.A.C and Another v Road Accident Fund (55375/2015) [2024] ZAGPPHC 1292 (27 November 2024)

The court found that the plaintiffs, as minor children of the deceased, are entitled to compensation for loss of support until age 21, based on the more comprehensive actuarial calculations provided by Algorithm Actuaries. The court accepted the contingency deductions and dependency periods as reasonable and supported by precedent. The defendant's failure to appear and the lack of consideration for other dependents in its actuarial report did not prejudice the plaintiffs' claim. The court held that the quantum of damages for F[...] and D should be R188,083 and R256,572 respectively, totaling R444,655, and ordered payment within 180 days, with interest and costs awarded to the plaintiffs.

Citation
[2024] ZAGPPHC 1292
Parties
Plaintiff: F[...] A[...] C[...]; Plaintiff: L[...] J[...] T[...] OBO D[...] A[...] C[...]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 November 2024
Case Number
55375/2015
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiffs' claim for loss of support is upheld. Defendant is ordered to pay R444,655 to the plaintiffs for past and future loss of support, with interest and costs.
Judges
Mazibuko
Legal Topics
Loss of Support, Quantum of Damages, Dependency, Contingency Deduction, Children S Act, Actuarial Evidence
Civil Procedure Delict Family and Children Loss of Support Quantum of Damages Dependency Contingency Deduction Children S Act +1 more

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Parties

F[...] A[...] C[...]

Plaintiff

L[...] J[...] T[...] OBO D[...] A[...] C[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 Whether the plaintiffs are entitled to compensation for loss of support following the death of the deceased.
  2. 2 What is the appropriate quantum of damages for loss of support to the minor children until age 21.
  3. 3 Whether contingency deductions and dependency periods were correctly applied in the actuarial calculations.

Ratio Decidendi

The court found that the plaintiffs, as minor children of the deceased, are entitled to compensation for loss of support until age 21, based on the more comprehensive actuarial calculations provided by Algorithm Actuaries. The court accepted the contingency deductions and dependency periods as reasonable and supported by precedent. The defendant's failure to appear and the lack of consideration for other dependents in its actuarial report did not prejudice the plaintiffs' claim. The court held that the quantum of damages for F[...] and D should be R188,083 and R256,572 respectively, totaling R444,655, and ordered payment within 180 days, with interest and costs awarded to the plaintiffs.

Court Disposition

Plaintiffs' claim for loss of support is upheld. Defendant is ordered to pay R444,655 to the plaintiffs for past and future loss of support, with interest and costs.

Orders

  • The defendant shall pay the capital amount of R444,655 in full and final settlement of F[...] and D's claim for past and future loss of support.
  • Payment shall be made directly into the plaintiffs' attorneys' trust account within 180 days of the order.