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South Africa decisions
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Mokgaetjie v Road Accident Fund (61400/2023) [2025] ZAGPJHC 293 (27 February 2025)
The High Court awarded a loss of support claim for a child after a motor vehicle death, accepting the actuarial calculation and limiting dependency to age 18.
N on behalf of HMN and Another v Road Accident Fund (05717/19) [2021] ZAGPJHC 754 (30 November 2021)
Default judgment in a Road Accident Fund claim for loss of support and funeral expenses, with the court accepting expert evidence and awarding R2,288,090.
FH obo L and M v Road Accident Fund (66910/2017) [2019] ZAGPPHC 1095 (17 September 2019)
The court awarded loss-of-support damages after finding the children would likely remain dependent until completing Honours degrees, and accepted the plaintiff’s proven income.
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…
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