F.P.M obo Z.N.M v Road Accident Fund (8854/2022) [2023] ZAGPJHC 855 (13 June 2023)

F.P.M obo Z.N.M v Road Accident Fund (8854/2022) [2023] ZAGPJHC 855 (13 June 2023)

The court found that the maintenance order made when the minor was 10 months old is not a suitable guide for quantifying her current loss of support, as it does not reflect her present needs at age 8. The actuarial report dated 5 August 2022, which assumes the deceased's net income would be shared among his dependants, was admitted by the defendant and not disputed in methodology or calculation. The court held that, in the absence of contrary evidence or specific pleading by the defendant, the report should be used for quantification. The court further found that dependency should be calculated until age 21, applying the principle that support for a school-going child would likely...

Citation
[2023] ZAGPJHC 855
Parties
Plaintiff: F P M on behalf of Z N M; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 June 2023
Case Number
8854/2022
Procedural Posture
Civil Trial / Final Judgment After Partial Settlement and Argument on Disputed Issues
Outcome
Plaintiff's claim for loss of support succeeds; award granted subject to protective measures for the minor.
Judges
S M Katzew
Legal Topics
Loss of Support, Quantification of Damages, Maintenance Order, Contingencies, Dependency Age, Curator Ad Litem
Delict Loss of Support Quantification of Damages Maintenance Order Contingencies Dependency Age Curator Ad Litem

Case Brief

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Parties

F P M on behalf of Z N M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment After Partial Settlement and Argument on Disputed Issues

Legal Issues

  1. 1 Whether the maintenance order against the deceased has any bearing on the compensability and quantum of the claim for loss of support.
  2. 2 What is the appropriate age of dependency for the minor child for purposes of calculating loss of support: 18 or 21 years.
  3. 3 Whether the actuarial report based on full net income allocation should be used for quantification in the absence of evidence of actual need beyond the maintenance order.

Ratio Decidendi

The court found that the maintenance order made when the minor was 10 months old is not a suitable guide for quantifying her current loss of support, as it does not reflect her present needs at age 8. The actuarial report dated 5 August 2022, which assumes the deceased's net income would be shared among his dependants, was admitted by the defendant and not disputed in methodology or calculation. The court held that, in the absence of contrary evidence or specific pleading by the defendant, the report should be used for quantification. The court further found that dependency should be calculated until age 21, applying the principle that support for a school-going child would likely...

Court Disposition

Plaintiff's claim for loss of support succeeds; award granted subject to protective measures for the minor.

Orders

  • The defendant is directed to pay the plaintiff on behalf of Z N M the sum of R565,109.00 plus interest at 15.5% per annum from 13 June 2023 to date of payment.
  • The defendant is directed to pay the costs of the action, including the costs of the actuarial reports dated 5 August 2022 and 31 August 2022.