Kriek v Road Accident Fund (529/2019) [2020] ZAFSHC 42 (5 March 2020)

Kriek v Road Accident Fund (529/2019) [2020] ZAFSHC 42 (5 March 2020)

The court found that the plaintiff and the deceased lived together as life partners in a relationship akin to marriage for nearly seven years, reciprocally maintaining each other and operating as a family unit. The evidence, largely uncontested and corroborated by the deceased's family, established a tacit agreement to support. The court held that the dependants' action extends to cohabiting partners where a legally enforceable duty of support exists, and that the plaintiff had proven such a duty on a balance of probabilities. In quantifying damages, the court accepted actuarial calculations with general contingencies of 5% for past and 15% for future loss, and a 40% contingency for...

Citation
[2020] ZAFSHC 42
Parties
Plaintiff: Yvette Kriek; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 March 2020
Case Number
529/2019
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim for loss of maintenance is upheld. The defendant is ordered to pay the plaintiff the sum of R2,309,643.00 in full and final settlement, with costs.
Judges
Daffue
Legal Topics
Loss of Support, Cohabitation Rights, Remarriage Contingency, Quantification of Damages, Dependants Action
Delict Civil Procedure Loss of Support Cohabitation Rights Remarriage Contingency Quantification of Damages Dependants Action

Case Brief

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Parties

Yvette Kriek

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff, as a cohabiting life partner, is entitled to claim loss of maintenance following the death of her fiancé in a motor vehicle accident.
  2. 2 Whether a legally enforceable duty of support existed between the plaintiff and the deceased.
  3. 3 What contingencies, including remarriage/re-partnering, should be applied in quantifying the plaintiff's damages.

Ratio Decidendi

The court found that the plaintiff and the deceased lived together as life partners in a relationship akin to marriage for nearly seven years, reciprocally maintaining each other and operating as a family unit. The evidence, largely uncontested and corroborated by the deceased's family, established a tacit agreement to support. The court held that the dependants' action extends to cohabiting partners where a legally enforceable duty of support exists, and that the plaintiff had proven such a duty on a balance of probabilities. In quantifying damages, the court accepted actuarial calculations with general contingencies of 5% for past and 15% for future loss, and a 40% contingency for...

Court Disposition

Plaintiff's claim for loss of maintenance is upheld. The defendant is ordered to pay the plaintiff the sum of R2,309,643.00 in full and final settlement, with costs.

Orders

  • The defendant shall pay the plaintiff R2,309,643.00, comprising R365,370.00 for past loss of maintenance and R1,944,273.00 for future loss of maintenance.
  • The defendant shall pay the plaintiff's taxed or agreed party and party costs on the High Court scale, including expert and counsel fees as specified.