Ongevallekommissaris v Santam Bpk. (423/96) [1998] ZASCA 93; 1999 (1) SA 251 (SCA); [1998] 4 All SA 507 (A) (29 September 1998)

Ongevallekommissaris v Santam Bpk. (423/96) [1998] ZASCA 93; 1999 (1) SA 251 (SCA); [1998] 4 All SA 507 (A) (29 September 1998)

The Supreme Court of Appeal held that the principle requiring deduction of the benefit of remarriage when calculating a widow's damages for loss of maintenance is firmly established in South African law and is based on considerations of fairness and equity. The Court rejected the argument that remarriage should be disregarded, finding that the approach is not illogical or anomalous, nor does it result in unequal treatment. The Court further found that the decision in Glass v Santam Insurance Ltd and Another was incorrect in holding that remarriage ends the period for calculating loss. Instead, the actual financial benefit derived from the second marriage must be considered, and the...

Citation
[1998] ZASCA 93
Parties
Appellant: Die Ongevallekommissaris; Respondent: Santam Beperk
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 1998
Case Number
423/96
Procedural Posture
Civil Appeal / Appeal From the Free State Provincial Division
Outcome
Appeal upheld; the first question is answered in the negative and the second question falls away. Each party to pay its own costs in both the appeal and the court a quo.
Judges
Hefer, Smalberger, Schutz, Plewman, Melunsky
Legal Topics
Wrongful Death, Remarriage Deduction, Quantum of Damages, Dependants Action
Delict Wrongful Death Remarriage Deduction Quantum of Damages Dependants Action

Case Brief

Summary, issues, holding and outcome

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Parties

Die Ongevallekommissaris

Appellant

Santam Beperk

Respondent

Procedural Posture

Civil Appeal / Appeal From the Free State Provincial Division

Legal Issues

  1. 1 Does a widow's common law claim for loss of maintenance against the negligent cause of her husband's death lapse upon her remarriage?
  2. 2 If so, does this affect the Commissioner's right of recourse under section 8(1)(b) of the Workmen's Compensation Act?

Ratio Decidendi

The Supreme Court of Appeal held that the principle requiring deduction of the benefit of remarriage when calculating a widow's damages for loss of maintenance is firmly established in South African law and is based on considerations of fairness and equity. The Court rejected the argument that remarriage should be disregarded, finding that the approach is not illogical or anomalous, nor does it result in unequal treatment. The Court further found that the decision in Glass v Santam Insurance Ltd and Another was incorrect in holding that remarriage ends the period for calculating loss. Instead, the actual financial benefit derived from the second marriage must be considered, and the...

Court Disposition

Appeal upheld; the first question is answered in the negative and the second question falls away. Each party to pay its own costs in both the appeal and the court a quo.

Orders

  • The appeal is upheld but no order is made as to the costs of appeal.
  • The order of the court a quo is replaced with: (a) The answer to the first question is: No. The second question falls away. (b) No order is made as to costs.