Memani v Road Accident Fund (873/07) [2008] ZAECHC 12 (22 February 2008)

Memani v Road Accident Fund (873/07) [2008] ZAECHC 12 (22 February 2008)

The court accepted the expert calculation of the total amount for loss of support as reasonable and proper, and found that the funeral expenses were adequately proved. Accordingly, judgment was granted for the total sum claimed, with interest and costs awarded to the appellant.

Citation
[2008] ZAECHC 12
Parties
Appellant: Nombulelo Sylvia Memani; Respondent: Road Accident Fund
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
22 February 2008
Case Number
873/07
Procedural Posture
Civil Appeal / Judgment
Outcome
Judgment granted in favour of the appellant for the total amount claimed, with interest and costs.
Judges
J.C.Froneman
Legal Topics
Loss of Support, Funeral Expenses, Road Accident Fund Act
Civil Procedure Delict Loss of Support Funeral Expenses Road Accident Fund Act

Case Brief

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Parties

Nombulelo Sylvia Memani

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the calculation of the total amount for loss of support is reasonable and proper.
  2. 2 Whether funeral expenses have been adequately proved and should be added to the award.

Ratio Decidendi

The court accepted the expert calculation of the total amount for loss of support as reasonable and proper, and found that the funeral expenses were adequately proved. Accordingly, judgment was granted for the total sum claimed, with interest and costs awarded to the appellant.

Court Disposition

Judgment granted in favour of the appellant for the total amount claimed, with interest and costs.

Orders

  • Payment of the sum of R1,426,509.00.
  • Interest thereon at the prescribed legal rate from the date determined in accordance with section 17(3) of Act 56 of 1996.