Mokgaetjie v Road Accident Fund (61400/2023) [2025] ZAGPJHC 293 (27 February 2025)

Mokgaetjie v Road Accident Fund (61400/2023) [2025] ZAGPJHC 293 (27 February 2025)

The court found that the plaintiff was entitled to damages for loss of support, as the deceased had a legal duty to support his child. The actuarial report provided a credible basis for quantifying the damages, and the income figure used was consistent with documentation on record. However, there was no evidence to justify extending the dependency period beyond age 18. Accordingly, the court accepted the actuarial calculation and awarded the plaintiff R837,760 in damages, together with party-and-party costs on Scale B.

Citation
[2025] ZAGPJHC 293
Parties
Plaintiff: Matlou Linah Mokgaetjie; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2025
Case Number
61400/2023
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for loss of support is upheld; damages and costs awarded.
Judges
Weideman
Legal Topics
Loss of Support, Dependency Claim, Quantification of Damages, Actuarial Evidence
Civil Procedure Delict Loss of Support Dependency Claim Quantification of Damages Actuarial Evidence

Case Brief

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Parties

Matlou Linah Mokgaetjie

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for loss of support following the death of the deceased in a motor vehicle accident.
  2. 2 Whether the dependency period for the child should extend to age 21 or be limited to age 18.
  3. 3 Whether the actuarial calculation of damages is justified based on the available evidence.

Ratio Decidendi

The court found that the plaintiff was entitled to damages for loss of support, as the deceased had a legal duty to support his child. The actuarial report provided a credible basis for quantifying the damages, and the income figure used was consistent with documentation on record. However, there was no evidence to justify extending the dependency period beyond age 18. Accordingly, the court accepted the actuarial calculation and awarded the plaintiff R837,760 in damages, together with party-and-party costs on Scale B.

Court Disposition

Plaintiff's claim for loss of support is upheld; damages and costs awarded.

Orders

  • The defendant is liable to the plaintiff in respect of such damages as the plaintiff may be able to substantiate.
  • The defendant shall pay the plaintiff the sum of R837,760 in respect of loss of support.