L D v Road Accident Fund (14606/2016) [2018] ZAGPPHC 181 (5 February 2018)

L D v Road Accident Fund (14606/2016) [2018] ZAGPPHC 181 (5 February 2018)

The court found that the deceased had undertaken and fulfilled a duty of support towards the plaintiff's minor child, L, both by conduct and explicit promise at the marriage ceremony. This duty was not precluded by the existence of a biological father who also contributed to support. The court held that the defendant is liable to compensate L for loss of support, limited to actual loss suffered. Regarding quantum, the court rejected the application of outdated actuarial statistics for remarriage contingencies, finding them constitutionally and socially inappropriate. The court accepted the parties' agreement to deduct standard contingencies of 5% for past and 15% for future loss for...

Citation
[2018] ZAGPPHC 181
Parties
Plaintiff: L D; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 February 2018
Case Number
14606/2016
Procedural Posture
Civil Trial / Quantum and Entitlement Determination After Partial Settlement
Outcome
The plaintiff succeeded in her claims for loss of support for herself and her minor child. The defendant is ordered to pay the agreed damages, costs, and interest.
Judges
Millar
Legal Topics
Loss of Support, Remarriage Contingency, Road Accident Fund Act, Quantum of Damages, Duty of Support
Delict Civil Procedure Loss of Support Remarriage Contingency Road Accident Fund Act Quantum of Damages Duty of Support

Case Brief

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Parties

L D

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum and Entitlement Determination After Partial Settlement

Legal Issues

  1. 1 Whether the plaintiff's minor child is entitled to claim loss of support from the defendant.
  2. 2 What is the appropriate quantum of damages for loss of support, including the application of a remarriage contingency.

Ratio Decidendi

The court found that the deceased had undertaken and fulfilled a duty of support towards the plaintiff's minor child, L, both by conduct and explicit promise at the marriage ceremony. This duty was not precluded by the existence of a biological father who also contributed to support. The court held that the defendant is liable to compensate L for loss of support, limited to actual loss suffered. Regarding quantum, the court rejected the application of outdated actuarial statistics for remarriage contingencies, finding them constitutionally and socially inappropriate. The court accepted the parties' agreement to deduct standard contingencies of 5% for past and 15% for future loss for...

Court Disposition

The plaintiff succeeded in her claims for loss of support for herself and her minor child. The defendant is ordered to pay the agreed damages, costs, and interest.

Orders

  • The defendant is ordered to pay the plaintiff in her personal capacity the sum of R2,056,161.00.
  • The defendant is ordered to pay the plaintiff in her representative capacity as guardian of L the sum of R1,393,257.00.