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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 1292

F.A.C and Another v Road Accident Fund (55375/2015)

F.A.C and Another v Road Accident Fund (55375/2015) [2024] ZAGPPHC 1292 (27 November 2024)

High Court judgment on RAF loss-of-support damages awarded R444,655 to two minor children after the death of their father, with interest and costs.

  • Loss Of Support
  • Quantum Of Damages
  • Dependency
  • Contingency Deduction
  • Children S Act
  • Actuarial Evidence
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Delict [2017] ZAGPPHC 62

Boy v Road Accident Fund (20753/13)

Boy v Road Accident Fund (20753/13) [2017] ZAGPPHC 62 (28 February 2017)

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…

  • Loss Of Support
  • Maintenance Claim
  • Contingency Deductions
  • Dependency
  • Actuarial Calculations
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