I.L.B v Road Accident Fund (70691/11) [2014] ZAGPPHC 580 (13 August 2014)

I.L.B v Road Accident Fund (70691/11) [2014] ZAGPPHC 580 (13 August 2014)

The court found that the plaintiff failed to provide credible evidence that the deceased supported the minor child from birth until his death. The expert report contradicted the plaintiff's testimony, showing that the child only lived with her grandparents for two years and that her biological parents were responsible for her support at the time of the deceased's death. The court concluded that the plaintiff suffered no loss of support due to the deceased's death, as the parents were supporting the child and continued to do so. The claim for future loss of support was dismissed, while the settlement agreement for past loss of support was made an order of court.

Citation
[2014] ZAGPPHC 580
Parties
Plaintiff: I[...] L[...] B[...]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 August 2014
Case Number
70691/11
Procedural Posture
Civil Trial / Final Judgment and Post Judgment Correction
Outcome
The plaintiff's claim for future loss of support is dismissed with costs. The agreement for past loss of support is made an order of court.
Judges
Hughes
Legal Topics
Loss of Support, Duty of Support, Quantum of Damages, Reciprocal Support Obligation
Civil Procedure Family and Children Loss of Support Duty of Support Quantum of Damages Reciprocal Support Obligation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

I[...] L[...] B[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment and Post Judgment Correction

Legal Issues

  1. 1 Whether the minor child is entitled to claim past and future loss of support from her maternal grandfather following the death of the deceased.
  2. 2 Whether the deceased was responsible for the support of the minor child at the time of his death.
  3. 3 Whether the plaintiff suffered any loss of support as a result of the deceased's death.

Ratio Decidendi

The court found that the plaintiff failed to provide credible evidence that the deceased supported the minor child from birth until his death. The expert report contradicted the plaintiff's testimony, showing that the child only lived with her grandparents for two years and that her biological parents were responsible for her support at the time of the deceased's death. The court concluded that the plaintiff suffered no loss of support due to the deceased's death, as the parents were supporting the child and continued to do so. The claim for future loss of support was dismissed, while the settlement agreement for past loss of support was made an order of court.

Court Disposition

The plaintiff's claim for future loss of support is dismissed with costs. The agreement for past loss of support is made an order of court.

Orders

  • The agreement between the plaintiff and the defendant in respect of past loss of support is made an order of court.
  • The defendant will pay to the plaintiff an amount of R91 071.75 for past loss of support as agreed.