Zaayman v Road Accident Fund (55880/2011) [2016] ZAGPPHC 124 (23 March 2016)

Zaayman v Road Accident Fund (55880/2011) [2016] ZAGPPHC 124 (23 March 2016)

The court held that, in terms of section 1(1) of the Assessment of Damages Act 9 of 1969, pension and policy-derived income must be included in the deceased's income for the purpose of calculating loss of support. The defendant's argument to exclude such income was rejected, as both the statute and case law support the inclusion. The actuarial report submitted by the plaintiff was uncontroverted and provided a fair and reasonable quantification of her loss. The court accepted the calculation of R538,621.00 as the proper measure of damages for loss of support, applying reasonable contingencies for past and future losses.

Citation
[2016] ZAGPPHC 124
Parties
Plaintiff: Noeline Christina Zaayman; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 March 2016
Case Number
55880/2011
Procedural Posture
Civil Trial / Quantification of Damages After Liability Determined
Outcome
Plaintiff's claim for loss of support is upheld. The court orders payment of R538,621.00 to the plaintiff, together with interest and costs.
Judges
Msimeki
Legal Topics
Loss of Support, Assessment of Damages Act, Pension and Policy Income, Quantification of Damages
Delict Loss of Support Assessment of Damages Act Pension and Policy Income Quantification of Damages

Case Brief

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Parties

Noeline Christina Zaayman

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Liability Determined

Legal Issues

  1. 1 Should pension and policy-derived income be included in the calculation of loss of support damages under the Assessment of Damages Act?
  2. 2 What is the proper quantification of the plaintiff's loss of support following the death of her husband in a motor vehicle accident?

Ratio Decidendi

The court held that, in terms of section 1(1) of the Assessment of Damages Act 9 of 1969, pension and policy-derived income must be included in the deceased's income for the purpose of calculating loss of support. The defendant's argument to exclude such income was rejected, as both the statute and case law support the inclusion. The actuarial report submitted by the plaintiff was uncontroverted and provided a fair and reasonable quantification of her loss. The court accepted the calculation of R538,621.00 as the proper measure of damages for loss of support, applying reasonable contingencies for past and future losses.

Court Disposition

Plaintiff's claim for loss of support is upheld. The court orders payment of R538,621.00 to the plaintiff, together with interest and costs.

Orders

  • The draft order as amended, marked 'X', signed and dated, is made an order of the court.
  • Defendant is ordered to pay the plaintiff the amount of R538,621.00 as loss of support.