Pienaar and Another v Road Accident Fund (74727/15) [2018] ZAGPPHC 665 (3 September 2018)

Pienaar and Another v Road Accident Fund (74727/15) [2018] ZAGPPHC 665 (3 September 2018)

The court found that the deceased's earnings should be based on his last salaried income as agreed by the parties. The widow's pension contributions should not be included in the calculation of her loss of support, as they only accrue on retirement and are not a benefit received due to the death. The correct cut-off date for the calculation is the deceased's retirement age of 70, as supported by uncontested expert evidence. General contingencies of 5% on past and 10% on future loss of support are appropriate for the children, and the issue of remarriage is adequately covered by general contingencies. The defendant's argument for higher contingencies and inclusion of the widow's pension...

Citation
[2018] ZAGPPHC 665
Parties
Plaintiff: Jeanne Pienaar; Plaintiff: Othile Pienaar obo Minors; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 September 2018
Case Number
74727/15
Procedural Posture
Civil Trial / Quantum Determination After Interim Payment
Outcome
Plaintiffs' claims for loss of support are upheld as quantified by the plaintiff's actuary.
Judges
Strijdom
Legal Topics
Loss of Support, Assessment of Damages Act, Contingency Deductions, Remarriage Contingency, Actuarial Evidence
Delict Civil Procedure Loss of Support Assessment of Damages Act Contingency Deductions Remarriage Contingency Actuarial Evidence

Case Brief

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Parties

Jeanne Pienaar

Plaintiff

Othile Pienaar obo Minors

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Interim Payment

Legal Issues

  1. 1 What is the appropriate quantum for loss of support for the plaintiffs following the death of Mr. Pienaar.
  2. 2 Should the widow's pension contributions be included in the calculation of her loss of support.
  3. 3 What contingencies should be applied to the claims, including remarriage contingency.

Ratio Decidendi

The court found that the deceased's earnings should be based on his last salaried income as agreed by the parties. The widow's pension contributions should not be included in the calculation of her loss of support, as they only accrue on retirement and are not a benefit received due to the death. The correct cut-off date for the calculation is the deceased's retirement age of 70, as supported by uncontested expert evidence. General contingencies of 5% on past and 10% on future loss of support are appropriate for the children, and the issue of remarriage is adequately covered by general contingencies. The defendant's argument for higher contingencies and inclusion of the widow's pension...

Court Disposition

Plaintiffs' claims for loss of support are upheld as quantified by the plaintiff's actuary.

Orders

  • Jeanne Pienaar (case number 74727/15) is awarded R52,464.00 for loss of support.
  • Othile Pienaar (case number 74728/15) is awarded R833,971.00 for loss of support in her personal and representative capacity (R2,578,593.00 less interim payment of R1,744,622.00).