Oosthuizen and Another v Road Accident Fund (68/2015) [2018] ZAFSHC 167 (25 October 2018)

Oosthuizen and Another v Road Accident Fund (68/2015) [2018] ZAFSHC 167 (25 October 2018)

The court found that, in terms of the Assessment of Damages Act, pension benefits received by the First Plaintiff as a result of the deceased's death should not be deducted from the damages awarded for loss of support. Regarding the inherited property, the court held that it does not constitute an accelerated benefit, as the First Plaintiff continues to reside in the property and is not in a better position than before the deceased's death. The court relied on established case law, including Lambrakis v Santam Ltd and Maasberg v Hunt ARS & Hepburn Ltd, which support the principle that only the value of accelerated accrual should be considered, and no deduction is warranted if the...

Citation
[2018] ZAFSHC 167
Parties
Plaintiff: Salmina Herculina Johanna Oosthuyzen; Plaintiff: Zane Oosthuyzen; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 October 2018
Case Number
68/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the Plaintiffs. Defendant ordered to pay damages for loss of support.
Judges
J.J.F Hefer
Legal Topics
Loss of Support, Assessment of Damages Act, Accelerated Benefit, Inheritance, Quantification of Damages
Delict Civil Procedure Loss of Support Assessment of Damages Act Accelerated Benefit Inheritance Quantification of Damages

Case Brief

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Parties

Salmina Herculina Johanna Oosthuyzen

Plaintiff

Zane Oosthuyzen

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the pension received by the First Plaintiff should be regarded as income for purposes of calculating loss of support.
  2. 2 Whether the value of the inherited property constitutes an accelerated benefit to be deducted from the damages awarded.
  3. 3 What is the correct age of dependency for the Second Plaintiff in quantifying loss of support.

Ratio Decidendi

The court found that, in terms of the Assessment of Damages Act, pension benefits received by the First Plaintiff as a result of the deceased's death should not be deducted from the damages awarded for loss of support. Regarding the inherited property, the court held that it does not constitute an accelerated benefit, as the First Plaintiff continues to reside in the property and is not in a better position than before the deceased's death. The court relied on established case law, including Lambrakis v Santam Ltd and Maasberg v Hunt ARS & Hepburn Ltd, which support the principle that only the value of accelerated accrual should be considered, and no deduction is warranted if the...

Court Disposition

Judgment for the Plaintiffs. Defendant ordered to pay damages for loss of support.

Orders

  • Defendant is ordered to pay Plaintiffs the amount of R905,405.00.
  • If damages are not paid within 14 days from the date of judgment, interest at the rate a tempore morae shall be payable.