Seoleseng and Another v Road Accident Fund (72837/2014) [2016] ZAGPPHC 848 (15 September 2016)

Parties

Procedural Posture

Civil Trial / Quantum and Entitlement to Loss of Support

Legal Issues

1. 1 Whether the first plaintiff, as an unmarried partner, has a legally enforceable claim for loss of support in his personal capacity.
2. 2 What contingencies should be applied to the minor child's claim for loss of support.

Ratio Decidendi

The court found that the first plaintiff failed to establish a legally enforceable contractual duty of support between himself and the deceased. While he received financial support, the evidence did not demonstrate that the relationship created obligations worthy of legal protection. Therefore, the first plaintiff's claim for loss of support in his personal capacity was dismissed. The minor child's claim for loss of support was accepted, with agreed contingency deductions applied to the actuarial calculations. The defendant was ordered to pay the quantified amounts for past and future loss of support to the first plaintiff in his representative capacity, as well as funeral expenses and...

Court Disposition

The first plaintiff's claim for loss of support in his personal capacity is dismissed. The minor child's claim for loss of support is upheld with contingency deductions. The defendant is ordered to pay the quantified amounts, funeral expenses, and costs.

Orders

• The defendant is ordered to pay to the first plaintiff, in his capacity as father and guardian of G A K, an amount of R 272,993.05, consisting of R 59,920.30 for past loss of support and R 213,072.75 for future loss of support.
• The defendant is ordered to pay interest on the above amounts at 10.5% per annum, from 14 days after the date of judgment to date of payment.