H.C.V obo E.V and Another v Road Accident Fund (8762/13) [2015] ZAGPPHC 160 (27 March 2015)

H.C.V obo E.V and Another v Road Accident Fund (8762/13) [2015] ZAGPPHC 160 (27 March 2015)

The court found the plaintiff to be a credible and reliable witness whose direct evidence of expenses incurred for housekeepers and nannies was sufficient, despite the absence of documentary proof. The court accepted that the plaintiff would require such services until the youngest child reached the age of majority. The future loss was calculated based on the current monthly payment, multiplied by the number of months until the child turned 18, resulting in a future loss of R648,600. A contingency deduction of 5% was applied, considering the prospects of remarriage and the life expectancy of the child. The court held that the plaintiff suffered a compensable loss and awarded damages...

Citation
[2015] ZAGPPHC 160
Parties
Plaintiff: H.C.V obo E.V and C.V; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 March 2015
Case Number
8762/13
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for loss of services is upheld; damages awarded.
Judges
Windell
Legal Topics
Loss of Services, Quantum of Damages, Contingency Deduction, Remarriage Prospect, Loss of Support
Delict Loss of Services Quantum of Damages Contingency Deduction Remarriage Prospect Loss of Support

Case Brief

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Parties

H.C.V obo E.V and C.V

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 Whether the plaintiff proved the quantum of damages for loss of services following the death of his wife in a motor vehicle accident.
  2. 2 Whether the absence of documentary proof of expenses precludes recovery for loss of services.
  3. 3 What contingency deduction should be applied to the future loss calculation.

Ratio Decidendi

The court found the plaintiff to be a credible and reliable witness whose direct evidence of expenses incurred for housekeepers and nannies was sufficient, despite the absence of documentary proof. The court accepted that the plaintiff would require such services until the youngest child reached the age of majority. The future loss was calculated based on the current monthly payment, multiplied by the number of months until the child turned 18, resulting in a future loss of R648,600. A contingency deduction of 5% was applied, considering the prospects of remarriage and the life expectancy of the child. The court held that the plaintiff suffered a compensable loss and awarded damages...

Court Disposition

Plaintiff's claim for loss of services is upheld; damages awarded.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R761,735.65 for loss of services.
  • The defendant shall pay the plaintiff interest on the aforesaid sum at the rate of 15.5% per annum calculated from a date 14 days from the date of this order.