Jonathan obo Jonathan v Road Accident Fund (731/08) [2011] ZAECPEHC 7 (17 March 2011)

Jonathan obo Jonathan v Road Accident Fund (731/08) [2011] ZAECPEHC 7 (17 March 2011)

The court found that the plaintiffs had led the best evidence reasonably available regarding the deceased's contributions to the household and the maintenance of the dependants. The evidence established that the deceased paid R4,942 per month towards household expenses and additional amounts for school and transport fees. The deceased's income was sufficient to sustain these payments, and the actuarial calculations based on these figures were accepted. The court apportioned the household expenses among the dependants and other household members using a formalism accepted in previous case law. Positive contingencies, such as the likelihood of increased support during tertiary education and...

Citation
[2011] ZAECPEHC 7
Parties
Applicant: Mercia Sophie Jonathan obo Shernice Lauren Jonathan; Applicant: Sherron Jonathan; Respondent: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 March 2011
Case Number
731/08
Procedural Posture
Civil Trial / Quantification of Damages After Merits Conceded
Outcome
Plaintiffs' claims for loss of support are upheld; damages awarded as calculated.
Judges
J W Eksteen
Legal Topics
Loss of Support, Actuarial Calculation, Quantification of Damages, Maintenance Obligation, Contingency Deductions
Delict Civil Procedure Loss of Support Actuarial Calculation Quantification of Damages Maintenance Obligation Contingency Deductions

Case Brief

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Parties

Mercia Sophie Jonathan obo Shernice Lauren Jonathan

Applicant

Sherron Jonathan

Applicant

Road Accident Fund

Respondent

Procedural Posture

Civil Trial / Quantification of Damages After Merits Conceded

Legal Issues

  1. 1 Whether the plaintiffs have proved the extent of their patrimonial loss resulting from the deceased's death.
  2. 2 Whether the evidence is sufficient to support an actuarial calculation of damages for loss of support.
  3. 3 How household contributions should be apportioned among dependants and other household members.

Ratio Decidendi

The court found that the plaintiffs had led the best evidence reasonably available regarding the deceased's contributions to the household and the maintenance of the dependants. The evidence established that the deceased paid R4,942 per month towards household expenses and additional amounts for school and transport fees. The deceased's income was sufficient to sustain these payments, and the actuarial calculations based on these figures were accepted. The court apportioned the household expenses among the dependants and other household members using a formalism accepted in previous case law. Positive contingencies, such as the likelihood of increased support during tertiary education and...

Court Disposition

Plaintiffs' claims for loss of support are upheld; damages awarded as calculated.

Orders

  • The defendant is ordered to pay to the first plaintiff the sum of R242,261 as and for damages in her representative capacity.
  • The defendant is ordered to pay to the second plaintiff the amount of R60,441 as and for damages.