Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Sil and Others v Road Accident Fund (2011/18773) [2012] ZAGPJHC 117; 2013 (3) SA 402 (GSJ) (11 June 2012)
High Court held that contingencies in a loss-of-support claim are applied before the Road Accident Fund statutory cap, and awarded damages to the plaintiffs.
General Accident Insurance Co (SA) Ltd v Summers; In re: Southern Versekerings Assosiasie BPK: General Accident Insurance Co (SA) Ltd (456/85) [1987] ZASCA 65; [1987] 2 All SA 345 (A) (2 June 1987)
The Supreme Court of Appeal held that there is no absolute rule requiring damages for loss of support or earning capacity to be discounted to the date of the delict. The court found that such an approach may be unfair to plaintiffs who only receive payment years after the delict occurred, as it would not fully compensate them for their actual losses. The court endorsed the method of awarding past losses undiscountered and discounting future losses to the date of trial, provided proper allowance is made for contingencies. This approach is consistent with actuarial practice and the aim of placi…
Source excerpt
Explore more
