Kritzinger and Another v Road Accident Fund (337/08) [2009] ZAECPEHC 6 (24 March 2009)

Kritzinger and Another v Road Accident Fund (337/08) [2009] ZAECPEHC 6 (24 March 2009)

The court found that the first plaintiff suffered severe and chronic psychiatric and psychological sequelae, including post-traumatic stress disorder and major depressive disorder, as a direct result of the wrongful death of his two children in a motor vehicle accident. The expert evidence was uncontested and established the extent of the plaintiff's suffering. The court determined that the original claim of R150,000 for general damages was appropriate in light of all circumstances. The defendant was held liable for funeral and medical expenses, future costs under section 17(4)(a) of the Road Accident Fund Act, and the costs of suit, including expert witness expenses.

Citation
[2009] ZAECPEHC 6
Parties
Plaintiff: Gregory Ingrid Jacobs Kritzinger; Plaintiff: Minie Jean Kritzinger; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 March 2009
Case Number
337/08
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiffs. All claims except general damages were settled. The first plaintiff is awarded R150,000 for general damages, and other amounts as specified in the order.
Judges
Jansen
Legal Topics
Emotional Shock Claims, General Damages, Bereavement, Road Accident Fund Act, Quantification of Damages
Delict Civil Procedure Emotional Shock Claims General Damages Bereavement Road Accident Fund Act Quantification of Damages

Case Brief

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Parties

Gregory Ingrid Jacobs Kritzinger

Plaintiff

Minie Jean Kritzinger

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the first plaintiff is entitled to general damages for emotional shock and trauma resulting from the death of his two children.
  2. 2 What is the appropriate quantum of general damages for the first plaintiff's psychiatric and psychological sequelae.
  3. 3 Whether the defendant is liable for funeral and medical expenses and future costs under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the first plaintiff suffered severe and chronic psychiatric and psychological sequelae, including post-traumatic stress disorder and major depressive disorder, as a direct result of the wrongful death of his two children in a motor vehicle accident. The expert evidence was uncontested and established the extent of the plaintiff's suffering. The court determined that the original claim of R150,000 for general damages was appropriate in light of all circumstances. The defendant was held liable for funeral and medical expenses, future costs under section 17(4)(a) of the Road Accident Fund Act, and the costs of suit, including expert witness expenses.

Court Disposition

Judgment for the plaintiffs. All claims except general damages were settled. The first plaintiff is awarded R150,000 for general damages, and other amounts as specified in the order.

Orders

  • Defendant to pay R6,800 to First Plaintiff for funeral expenses and R8,704.02 for past medical expenses within fourteen days.
  • Defendant to pay R120,000 to Second Plaintiff for general damages within fourteen days.