S.M.M v Road Accident Fund (799/2011) [2013] ZANCHC 47 (24 July 2013)

S.M.M v Road Accident Fund (799/2011) [2013] ZANCHC 47 (24 July 2013)

The court found that the evidence overwhelmingly supported the conclusion that S, the disabled child, required a higher level of support than a normal child, justifying the application of scenario 2, where S receives two parts of the family income. The court rejected the deduction of accelerated benefits, including joint estate assets and insurance/pension payouts, as these are not deductible under the law. The plaintiff's prospects of remarriage were found to be minimal, and no contingency deduction was applied for remarriage. The court accepted the actuarial calculations of Mr Morris, applying a contingency of 15% for S and 10% for the plaintiff and R, and determined that R should be...

Citation
[2013] ZANCHC 47
Parties
Plaintiff: S.M.M.; Defendant: Road Accident Fund
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
24 July 2013
Case Number
799/2011
Procedural Posture
Civil Trial / Quantum of Damages After Separation of Merits and Quantum
Outcome
Judgment for the plaintiff. The Road Accident Fund is ordered to pay the plaintiff the full amount of R4 083 978.75, with costs and interest.
Judges
Phatshoane
Legal Topics
Loss of Support, Quantification of Damages, Accelerated Benefits, Contingency Deductions, Remarriage Contingency, Disabled Dependant Support
Delict Civil Procedure Loss of Support Quantification of Damages Accelerated Benefits Contingency Deductions Remarriage Contingency Disabled Dependant Support

Case Brief

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Parties

S.M.M.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages After Separation of Merits and Quantum

Legal Issues

  1. 1 Whether accelerated benefits should be deducted from the damages awarded to the plaintiff.
  2. 2 Whether a contingency should be applied for the plaintiff's possible remarriage.
  3. 3 Whether the disabled child, S, should receive two parts of the family income instead of one.

Ratio Decidendi

The court found that the evidence overwhelmingly supported the conclusion that S, the disabled child, required a higher level of support than a normal child, justifying the application of scenario 2, where S receives two parts of the family income. The court rejected the deduction of accelerated benefits, including joint estate assets and insurance/pension payouts, as these are not deductible under the law. The plaintiff's prospects of remarriage were found to be minimal, and no contingency deduction was applied for remarriage. The court accepted the actuarial calculations of Mr Morris, applying a contingency of 15% for S and 10% for the plaintiff and R, and determined that R should be...

Court Disposition

Judgment for the plaintiff. The Road Accident Fund is ordered to pay the plaintiff the full amount of R4 083 978.75, with costs and interest.

Orders

  • The Road Accident Fund is ordered to pay Ms S.M.M. the amount of R4 083 978.75, apportioned as follows: R1 768 873.00 in her personal capacity, R1 721 081.75 on behalf of S.M., and R594 084.00 on behalf of R.M.
  • The defendant is to pay the plaintiff's taxed or agreed party and party costs on a High Court scale, including qualifying fees for Mr Ian Morris and Dr WJ Herholdt, their reasonable travel and accommodation costs, and the reasonable travel and accommodation costs of the plaintiff's legal representative.