South Africa Case Law

G.R.R and Another v Netcare (Pty) Ltd t/a Umhlanga Hospital and Others (8164/07)

G.R.R and Another v Netcare (Pty) Ltd t/a Umhlanga Hospital and Others (8164/07) [2016] ZAKZPHC 70; [2016] 4 All SA 195 (KZP) (8 August 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8164/07

Judge

Koen

The court set actuarial directions for a wrongful-death loss-of-support claim, adopting household-income apportionment and directing deduction of accelerated benefits.

• Loss Of Support
• Quantification Of Damages
• Accelerated Benefits
• Contingency Deductions
• Actuarial Assumptions
• Loss-of-support

S.M.M v Road Accident Fund (799/2011)

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

Court

Northern Cape High Court, Kimberley

Case number

799/2011

Judge

Phatshoane

High Court damages award in a Road Accident Fund loss-of-support claim for a widow and her two children, including a severely disabled child.

• Loss Of Support
• Quantification Of Damages
• Accelerated Benefits
• Contingency Deductions
• Remarriage Contingency
• Disabled Dependant Support

De Vries N.O and Others v Road Accident Fund

De Vries N.O and Others v Road Accident Fund [2011] ZAWCHC 291; ; 1687/2007 (15 June 2011)

Court

Western Cape High Court, Cape Town

Case number

1687/2007

Judge

Bozalek

The High Court granted leave to appeal in a Road Accident Fund loss-of-support claim, finding arguable issues on accelerated benefits and damages quantification.

• Loss Of Support
• Accelerated Benefits
• Damages Quantification
• Loss-of-support
• Accelerated-benefits
• Damages-quantification

De Vries NO and Others v Road Accident Fund (1687/2007)

De Vries NO and Others v Road Accident Fund (1687/2007) [2011] ZAWCHC 215 (6 May 2011)

Court

Western Cape High Court, Cape Town

Case number

1687/2007

Judge

Bozalek

The court found that the plaintiffs failed to establish an actual pecuniary loss in the form of loss of support resulting from the death of their parents. The evidence showed that the plaintiffs' maintenance needs, both past and future, had been fully met by the income generated from the sizeable non-insurance assets in the deceaseds' estates, prudently invested and managed by the testamentary trust. The actuarial model advanced by the plaintiffs was rejected as it did not properly account for the accelerated benefits received and the substantial inheritance to devolve upon the plaintiffs. Th…

Source excerpt

• Loss Of Support
• Assessment Of Damages Act
• Accelerated Benefits
• Quantification Of Damages
• Wrongful Death