Road Accident Fund v Timis (29/09) [2010] ZASCA 30 (26 March 2010)

Road Accident Fund v Timis (29/09) [2010] ZASCA 30 (26 March 2010)

The Supreme Court of Appeal held that child support grants received by the respondent on behalf of her children after the death of the breadwinner are directly linked to the death and must be deducted from the damages awarded for loss of support. The court reasoned that the grants were received because the deceased, who was the sole breadwinner, died and left his family indigent. Allowing the respondent to recover both the social grant and the full damages would result in double compensation at the expense of the taxpayer, which is not justified by public policy or legislative intent. The court distinguished foster care grants from child support grants and found that, in this case, the...

Citation
[2010] ZASCA 30
Parties
Appellant: Road Accident Fund; Respondent: Ntombizanele Florence Timis
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 2010
Case Number
29/09
Procedural Posture
Civil Appeal / Appeal From the Eastern Cape High Court, Port Elizabeth
Outcome
Appeal upheld; order of the court below set aside and replaced with an order deducting child support grants from damages awarded.
Judges
Navsa, Heher, Mhlantla, Hurt, Saldulker
Legal Topics
Loss of Support, Deduction of Social Grants, Road Accident Fund Act, Quantum of Damages
Delict Civil Procedure Loss of Support Deduction of Social Grants Road Accident Fund Act Quantum of Damages

Case Brief

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Parties

Road Accident Fund

Appellant

Ntombizanele Florence Timis

Respondent

Procedural Posture

Civil Appeal / Appeal From the Eastern Cape High Court, Port Elizabeth

Legal Issues

  1. 1 Should child support grants received after the death of the breadwinner be deducted from damages awarded for loss of support?
  2. 2 Are child support grants causally linked to the death of the deceased for the purpose of deduction from damages?
  3. 3 Does non-deduction of such grants result in double compensation to the dependants?

Ratio Decidendi

The Supreme Court of Appeal held that child support grants received by the respondent on behalf of her children after the death of the breadwinner are directly linked to the death and must be deducted from the damages awarded for loss of support. The court reasoned that the grants were received because the deceased, who was the sole breadwinner, died and left his family indigent. Allowing the respondent to recover both the social grant and the full damages would result in double compensation at the expense of the taxpayer, which is not justified by public policy or legislative intent. The court distinguished foster care grants from child support grants and found that, in this case, the...

Court Disposition

Appeal upheld; order of the court below set aside and replaced with an order deducting child support grants from damages awarded.

Orders

  • The appeal is upheld.
  • The order made by the court below is set aside and replaced with an order in the following terms: