Feldman v Road Accident Fund (48199/2013) [2015] ZAGPPHC 935 (11 November 2015)

Feldman v Road Accident Fund (48199/2013) [2015] ZAGPPHC 935 (11 November 2015)

The court found that the actuarial report prepared by Human & Morris was objective and based on facts, and that the defendant did not present any evidence to rebut its findings. The court exercised its discretion regarding contingency deductions, accepting the percentages suggested by the plaintiff's actuary: 15% for the plaintiff and T[...] Feldman, and 20% for S[...] Feldman. The court held that the plaintiff's circumstances did not warrant a remarriage contingency, given her need to care for her permanently handicapped child and lack of evidence of new relationships. For S[...], the court accepted the life expectancy estimates but emphasized his permanent condition and need for high...

Citation
[2015] ZAGPPHC 935
Parties
Plaintiff: Elihana Feldman; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 November 2015
Case Number
48199/2013
Procedural Posture
Civil Trial / Quantum Determination After Merits Resolved
Outcome
Plaintiff succeeded in proving quantum for loss of support and medical expenses as per the actuarial report.
Judges
M F Kganyago
Legal Topics
Loss of Support, Contingency Deduction, Actuarial Evidence, Quantum of Damages
Civil Procedure Delict Loss of Support Contingency Deduction Actuarial Evidence Quantum of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Elihana Feldman

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Resolved

Legal Issues

  1. 1 What contingency deductions should be applied to the plaintiff and her minor children for loss of support.
  2. 2 Whether the actuarial calculations based on expert reports are correct and should be accepted by the court.

Ratio Decidendi

The court found that the actuarial report prepared by Human & Morris was objective and based on facts, and that the defendant did not present any evidence to rebut its findings. The court exercised its discretion regarding contingency deductions, accepting the percentages suggested by the plaintiff's actuary: 15% for the plaintiff and T[...] Feldman, and 20% for S[...] Feldman. The court held that the plaintiff's circumstances did not warrant a remarriage contingency, given her need to care for her permanently handicapped child and lack of evidence of new relationships. For S[...], the court accepted the life expectancy estimates but emphasized his permanent condition and need for high...

Court Disposition

Plaintiff succeeded in proving quantum for loss of support and medical expenses as per the actuarial report.

Orders

  • The defendant is ordered to pay R1,425,164.00 to Elihana Feldman for loss of support.
  • The defendant is ordered to pay R742,631.00 to Elihana Feldman on behalf of S[...] Feldman for loss of support.