H.B.A v Road Accident Fund (6070/2013) [2015] ZAKZDHC 45 (26 May 2015)

H.B.A v Road Accident Fund (6070/2013) [2015] ZAKZDHC 45 (26 May 2015)

The court found, based on credible oral evidence and corroboration, that the deceased earned an average gross income of R15,000.00 per month at the time of his death. It was probable that he would have supported his three minor children until they reached the age of 21 years, including tertiary education. The court accepted the standard allocation ratio of 2 parts for each adult and 1 part for each child, and applied contingencies of 5% for past income and 10% for future income. Directions were given for the actuarial calculation of damages for loss of support, with leave for the parties to approach the court for further directions or a consent order if required.

Citation
[2015] ZAKZDHC 45
Parties
Plaintiff: H[…] B[…] A[…]; Defendant: Road Accident Fund
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
26 May 2015
Case Number
6070/2013
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Action adjourned sine die with directions for actuarial calculation of damages for loss of support; costs reserved.
Judges
Jeffrey
Legal Topics
Loss of Support, Quantum of Damages, Contingencies, Dependants Claim
Civil Procedure Delict Loss of Support Quantum of Damages Contingencies Dependants Claim

Case Brief

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Parties

H[…] B[…] A[…]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What was the deceased's actual gross earnings at the time of death.
  2. 2 Until what age would the deceased have contributed to the support of the minor children.
  3. 3 What proportion of the deceased's income should be allocated to the support of each minor child.

Ratio Decidendi

The court found, based on credible oral evidence and corroboration, that the deceased earned an average gross income of R15,000.00 per month at the time of his death. It was probable that he would have supported his three minor children until they reached the age of 21 years, including tertiary education. The court accepted the standard allocation ratio of 2 parts for each adult and 1 part for each child, and applied contingencies of 5% for past income and 10% for future income. Directions were given for the actuarial calculation of damages for loss of support, with leave for the parties to approach the court for further directions or a consent order if required.

Court Disposition

Action adjourned sine die with directions for actuarial calculation of damages for loss of support; costs reserved.

Orders

  • The action is adjourned sine die.
  • The parties are given leave to approach the Court for further directions for the actuarial calculation of damages for loss of support should these be deemed necessary by the actuary concerned.