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…

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

Pienaar and Another v Road Accident Fund (74727/15)

Pienaar and Another v Road Accident Fund (74727/15) [2018] ZAGPPHC 665 (3 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

74727/15

Judge

Strijdom

High Court ruling on loss of support after a fatal motor vehicle accident, addressing the widow’s pension contributions, contingencies, and quantum.

• Loss Of Support
• Assessment Of Damages Act
• Contingency Deductions
• Remarriage Contingency
• Actuarial Evidence
• Loss-of-support

Bruwer and Others v Road Accident Fund (574/2015)

Bruwer and Others v Road Accident Fund (574/2015) [2017] ZAFSHC 162 (21 September 2017)

Court

Free State High Court, Bloemfontein

Case number

574/2015

Judge

Pike

High Court loss-of-support claim against the Road Accident Fund. The court accepted the actuarial evidence and awarded damages, interest, and costs to all three plaintiffs.

• Loss Of Support
• Road Accident Fund Act
• Quantum Of Damages
• Contingencies
• Assessment Of Damages Act
• Loss-of-support

Zaayman v Road Accident Fund (55880/2011)

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

Court

North Gauteng High Court, Pretoria

Case number

55880/2011

Judge

Msimeki

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…

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• Loss Of Support
• Assessment Of Damages Act
• Pension And Policy Income
• Quantification Of Damages

MacDonald and Others v Road Accident Fund (453/2011)

MacDonald and Others v Road Accident Fund (453/2011) [2012] ZASCA 69; [2012] 4 All SA 15 (SCA) (24 May 2012)

Court

Supreme Court of Appeal

Case number

453/2011

Judges

Navsa, Brand, Mhlantla

The Supreme Court of Appeal held that the appellants' maintenance needs were fully met by the assets devolved to the testamentary trust from the deceased father's estate. The proceeds of insurance policies must be ignored in terms of the Assessment of Damages Act 9 of 1969. The correct approach is to determine whether the non-insurance assets and income were sufficient to cover the actual maintenance paid to the appellants. The actuarial approach based on hypothetical assumptions and percentage splits between insurance and non-insurance assets was rejected. The evidence indicated that the non…

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• Loss Of Support
• Assessment Of Damages Act
• Pecuniary Loss
• Insurance Exclusion
• Quantum Of Damages

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…

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

Keet v Road Accident Fund (1657/2009)

Keet v Road Accident Fund (1657/2009) [2010] ZANCHC 22 (11 June 2010)

Court

Northern Cape High Court, Kimberley

Case number

1657/2009

Judge

Majiedt

A High Court awarded damages for loss of support after a motor accident death, accepted an actuarial-style calculation, and refused to deduct death-related benefits.

• Loss Of Support
• Quantification Of Damages
• Contingencies
• Dependants Claim
• Assessment Of Damages Act
• Loss-of-support

Erasmus Ferreira & Ackermann and Others v Francis (311/08)

Erasmus Ferreira & Ackermann and Others v Francis (311/08) [2009] ZASCA 54; 2010 (2) SA 228 (SCA) ; [2009] 3 All SA 500 (SCA) (27 May 2009)

Court

Supreme Court of Appeal

Case number

311/08

Judges

Streicher, Farlam, Nugent, Cloete, Cachalia

The Supreme Court of Appeal held that a legal-negligence claim was not reduced by an insurance benefit linked to the underlying loss of support claim.

• Professional Negligence
• Loss Of Support
• Collateral Benefits
• Assessment Of Damages Act
• Prescription Of Claims
• Professional-negligence

Santam Ltd. v Gerdes (515/96)

Santam Ltd. v Gerdes (515/96) [1998] ZASCA 90; 1999 (1) SA 693 (SCA); [1998] 4 All SA 440 (A) (29 September 1998)

Court

Supreme Court of Appeal

Case number

515/96

Judges

Nienaber, Howie, Schutz, Streicher, Ngoepe

The court held that German survivor’s pension payments were not deductible from loss-of-support damages under South African law.

• Assessment Of Damages Act
• Loss Of Support
• Deductibility Of Foreign Pensions
• Assessment-of-damages-act
• Loss-of-support
• Deductibility-of-pensions