Boy v Road Accident Fund (20753/13) [2017] ZAGPPHC 62 (28 February 2017)
Court
North Gauteng High Court, Pretoria
Case number
20753/13
Judge
E.M. Kubushi
The court found that the plaintiff was dependent on his deceased daughter's contributions for household necessities and that his government pension was insufficient to meet his basic needs. The test for entitlement to maintenance is not strict indigency but dependency on the deceased for necessities of life. The contingency deductions in the actuarial report (5% for accrued loss and 10% for prospective loss) were found to be fair and reasonable given the plaintiff's age and circumstances. The plaintiff's claim for damages for loss of support was upheld, and the defendant was ordered to pay th…