MacDonald and Others v Road Accident Fund (453/2011) [2012] ZASCA 69; [2012] 4 All SA 15 (SCA) (24 May 2012)

MacDonald and Others v Road Accident Fund (453/2011) [2012] ZASCA 69; [2012] 4 All SA 15 (SCA) (24 May 2012)

The Supreme Court of Appeal held that the appellants' maintenance needs were fully met by the assets devolved to the testamentary trust from the deceased father's estate. The proceeds of insurance policies must be ignored in terms of the Assessment of Damages Act 9 of 1969. The correct approach is to determine whether the non-insurance assets and income were sufficient to cover the actual maintenance paid to the appellants. The actuarial approach based on hypothetical assumptions and percentage splits between insurance and non-insurance assets was rejected. The evidence indicated that the non-insurance assets were sufficient to meet the maintenance needs, and no further claim for loss of...

Citation
[2012] ZASCA 69
Parties
Appellant: Lize-Mari MacDonald; Appellant: Petrus MacDonald; Appellant: Sumé MacDonald; Respondent: Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 May 2012
Case Number
453/2011
Procedural Posture
Civil Appeal / Appeal From Western Cape High Court, Quantum of Loss of Support Claim
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Navsa, Brand, Mhlantla
Legal Topics
Loss of Support, Assessment of Damages Act, Pecuniary Loss, Insurance Exclusion, Quantum of Damages
Delict Civil Procedure Loss of Support Assessment of Damages Act Pecuniary Loss Insurance Exclusion Quantum of Damages

Case Brief

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Parties

Lize-Mari MacDonald

Appellant

Petrus MacDonald

Appellant

Sumé MacDonald

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape High Court, Quantum of Loss of Support Claim

Legal Issues

  1. 1 Whether the appellants established a claim for loss of support against the Road Accident Fund.
  2. 2 Whether actual maintenance needs were met by the deceased father's estate and trust assets.
  3. 3 How the Assessment of Damages Act 9 of 1969 applies to insurance proceeds in calculating loss of support.

Ratio Decidendi

The Supreme Court of Appeal held that the appellants' maintenance needs were fully met by the assets devolved to the testamentary trust from the deceased father's estate. The proceeds of insurance policies must be ignored in terms of the Assessment of Damages Act 9 of 1969. The correct approach is to determine whether the non-insurance assets and income were sufficient to cover the actual maintenance paid to the appellants. The actuarial approach based on hypothetical assumptions and percentage splits between insurance and non-insurance assets was rejected. The evidence indicated that the non-insurance assets were sufficient to meet the maintenance needs, and no further claim for loss of...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.