Motha v Road Accident Fund (40852/2015)
Motha v Road Accident Fund (40852/2015) [2016] ZAGPPHC 559 (23 June 2016)
The court found that the plaintiff had proven dependency on the deceased for financial support, both under common law and customary law principles. The deceased had undertaken and provided support to the plaintiff, and this support was expected to continue. Customary law, as recognized by the Constitution, imposes a duty on children to support their parents when able. The plaintiff's evidence established that she was indigent and relied on the deceased for necessities of life. The defendant's argument that only individual needs should be considered was rejected, and the collective approach to…
Source excerpt
- Loss Of Support
- Customary Law Parental Support
- Dependency Claim
- Quantum Postponement