Scheepers v Road Accident Fund (68351/2013) [2017] ZAGPPHC 290 (20 June 2017)

Scheepers v Road Accident Fund (68351/2013) [2017] ZAGPPHC 290 (20 June 2017)

The court held that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that she suffered loss of support as a result of her husband's death. The evidence presented regarding the deceased's income was vague and unsubstantiated, and the plaintiff did not provide sufficient proof of her indigence or that her financial situation deteriorated after the death. The invoices and bank statements did not adequately demonstrate the deceased's earnings, and the plaintiff's expert report itself recommended further investigation into the deceased's true earnings. The plaintiff did not show that she was unable to support herself or that the deceased was providing the...

Citation
[2017] ZAGPPHC 290
Parties
Plaintiff: Roleen Scheepers; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 June 2017
Case Number
68351/2013
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim dismissed; absolution from the instance granted with costs.
Judges
Mosopa
Legal Topics
Road Accident Fund Act, Loss of Support, Quantification of Damages, Onus of Proof
Civil Procedure Delict Road Accident Fund Act Loss of Support Quantification of Damages Onus of Proof

Case Brief

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Parties

Roleen Scheepers

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff proved on a balance of probabilities that she suffered loss of support due to the death of her husband.
  2. 2 Whether the plaintiff is indigent and entitled to damages for loss of support under the Road Accident Fund Act.
  3. 3 Whether the plaintiff adequately quantified the amount of loss of support.

Ratio Decidendi

The court held that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that she suffered loss of support as a result of her husband's death. The evidence presented regarding the deceased's income was vague and unsubstantiated, and the plaintiff did not provide sufficient proof of her indigence or that her financial situation deteriorated after the death. The invoices and bank statements did not adequately demonstrate the deceased's earnings, and the plaintiff's expert report itself recommended further investigation into the deceased's true earnings. The plaintiff did not show that she was unable to support herself or that the deceased was providing the...

Court Disposition

Plaintiff's claim dismissed; absolution from the instance granted with costs.

Orders

  • Absolution from the instance is granted against the plaintiff with costs.