South Africa Case Law

Oosthuizen and Another v Road Accident Fund (68/2015)

Oosthuizen and Another v Road Accident Fund (68/2015) [2018] ZAFSHC 167 (25 October 2018)

Court

Free State High Court, Bloemfontein

Case number

68/2015

Judge

J.J.F Hefer

The court found that, in terms of the Assessment of Damages Act, pension benefits received by the First Plaintiff as a result of the deceased's death should not be deducted from the damages awarded for loss of support. Regarding the inherited property, the court held that it does not constitute an accelerated benefit, as the First Plaintiff continues to reside in the property and is not in a better position than before the deceased's death. The court relied on established case law, including Lambrakis v Santam Ltd and Maasberg v Hunt ARS & Hepburn Ltd, which support the principle that only th…

Source excerpt

• Loss Of Support
• Assessment Of Damages Act
• Accelerated Benefit
• Inheritance
• Quantification Of Damages

Sethole v Road Accident Fund (1487/2014)

Sethole v Road Accident Fund (1487/2014) [2018] ZALMPPHC 11 (17 April 2018)

Court

Limpopo High Court, Polokwane

Case number

1487/2014

Judge

Kganyago

High Court judgment on loss of support, holding that a matrimonial home inherited on death was an accelerated benefit and applying contingency deductions.

• Loss Of Support
• Accelerated Benefit
• Contingency Deductions
• Matrimonial Property
• Intestate Succession
• Loss-of-support

Lambrakis v Santam Ltd (412/00)

Lambrakis v Santam Ltd (412/00) [2002] ZASCA 16; 2002 (3) SA 710 (SCA) (26 March 2002)

Court

Supreme Court of Appeal

Case number

412/00

Judges

Nienaber, Olivier, Mpati, Heher, Lewis

The Supreme Court of Appeal held that the children of the deceased did not suffer any actual pecuniary loss as a result of their father's death. All maintenance and expenses were paid from the deceased estate, and there was excess income remaining after the estate was wound up. The income generated from the investment of estate assets constituted an accelerated benefit to the heirs and must be deducted from any claim for loss of support. The actuarial approach adopted by the plaintiff was inappropriate in the circumstances, as it failed to account for the fact that the children were fully sup…

Source excerpt

• Loss Of Support
• Quantification Of Damages
• Accelerated Benefit
• Pecuniary Loss
• Onus Of Proof