Mokoena v Road Accident Fund (317/2013) [2016] ZAFSHC 192 (10 November 2016)

Mokoena v Road Accident Fund (317/2013) [2016] ZAFSHC 192 (10 November 2016)

The court found that the deceased owed a duty of support to the plaintiff and her two minor daughters. The actuarial report quantifying the loss was uncontested and accepted by both parties. The court held that, given current educational opportunities and trends, it is appropriate to calculate the loss of support for the minor children until the age of 21. The court also determined that costs should follow the result and, due to delays caused by the defendant, costs for both days the matter was set down should be awarded to the plaintiff.

Citation
[2016] ZAFSHC 192
Parties
Plaintiff: Seteli Anna Mokoena; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 November 2016
Case Number
317/2013
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for loss of support until age 21 is granted; quantum determined as per actuarial report; costs awarded for both days set down.
Judges
M A Mathebula
Legal Topics
Loss of Support, Quantum of Damages, Duty of Support, Interest on Award
Delict Loss of Support Quantum of Damages Duty of Support Interest on Award

Case Brief

Summary, issues, holding and outcome

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Parties

Seteli Anna Mokoena

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff and her minor children are entitled to loss of support until the age of 21.
  2. 2 What is the appropriate quantum of damages for loss of support following the death of the deceased.
  3. 3 Whether costs should be awarded for both days the matter was set down.

Ratio Decidendi

The court found that the deceased owed a duty of support to the plaintiff and her two minor daughters. The actuarial report quantifying the loss was uncontested and accepted by both parties. The court held that, given current educational opportunities and trends, it is appropriate to calculate the loss of support for the minor children until the age of 21. The court also determined that costs should follow the result and, due to delays caused by the defendant, costs for both days the matter was set down should be awarded to the plaintiff.

Court Disposition

Plaintiff's claim for loss of support until age 21 is granted; quantum determined as per actuarial report; costs awarded for both days set down.

Orders

  • The defendant must pay the plaintiff the sum of R2 052 700,00.
  • Interest at the rate of 10,50% a temporae morae if the amount is not paid within 14 days from the date of judgment.