Santam Insurance Company Ltd. v Fourie (113/95) [1996] ZASCA 122; 1997 (1) SA 611 (SCA); [1997] 1 All SA 590 (A); (27 September 1996)

Santam Insurance Company Ltd. v Fourie (113/95) [1996] ZASCA 122; 1997 (1) SA 611 (SCA); [1997] 1 All SA 590 (A); (27 September 1996)

The Supreme Court of Appeal held that the determination of patrimonial loss is a factual inquiry. Where the deceased contributed less to the household pool than she received, it is artificial to infer that she contributed to the maintenance of the children. The loss of the deceased's income was offset by the saving in her maintenance costs, resulting in no financial loss to the children. The actuarial approach advanced by the respondent was rejected as it did not reflect the practical reality. The appeal was upheld and the claim dismissed.

Citation
[1996] ZASCA 122
Parties
Appellant: Santam Insurance Company Limited; Respondent: C J Fourie
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1996
Case Number
113/95
Procedural Posture
Civil Appeal / Appeal From Judgment of the Transvaal Provincial Division
Outcome
Appeal upheld; claim dismissed with costs.
Judges
E M Grosskopf, Eksteen, Howie, Scott, Zulman
Legal Topics
Loss of Support, Patrimonial Loss, Third Party Insurance, Calculation of Damages
Delict Loss of Support Patrimonial Loss Third Party Insurance Calculation of Damages

Case Brief

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Parties

Santam Insurance Company Limited

Appellant

C J Fourie

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of the Transvaal Provincial Division

Legal Issues

  1. 1 Whether the minor children suffered patrimonial loss as a result of their mother's death.
  2. 2 How patrimonial loss, if any, should be calculated in circumstances where the deceased contributed less to the household than she received.

Ratio Decidendi

The Supreme Court of Appeal held that the determination of patrimonial loss is a factual inquiry. Where the deceased contributed less to the household pool than she received, it is artificial to infer that she contributed to the maintenance of the children. The loss of the deceased's income was offset by the saving in her maintenance costs, resulting in no financial loss to the children. The actuarial approach advanced by the respondent was rejected as it did not reflect the practical reality. The appeal was upheld and the claim dismissed.

Court Disposition

Appeal upheld; claim dismissed with costs.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the court a quo is set aside.