M V and Others v Road Accident Fund (1705/2017) [2019] ZAFSHC 131 (25 July 2019)
Court
Free State High Court, Bloemfontein
Case number
1705/2017
Judge
V.M. Morobane
High Court damages judgment on loss of support after a fatal motor vehicle collision, fixing contingency deductions and rejecting a separate remarriage deduction.
N v Road Accident Fund (9417/2009) [2017] ZAGPPHC 640; 2018 (1) SACR 20 (GP) (6 September 2017)
Court
North Gauteng High Court, Pretoria
Case number
9417/2009
Judge
HF Jacobs
High Court damages award for loss of support after a fatal motor accident, addressing contingency deductions, accelerated inheritance, and remarriage prospects.
Ongevallekommissaris v Santam Bpk. (423/96) [1998] ZASCA 93; 1999 (1) SA 251 (SCA); [1998] 4 All SA 507 (A) (29 September 1998)
Court
Supreme Court of Appeal
Case number
423/96
Judges
Hefer, Smalberger, Schutz, Plewman, Melunsky
The Supreme Court of Appeal held that the principle requiring deduction of the benefit of remarriage when calculating a widow's damages for loss of maintenance is firmly established in South African law and is based on considerations of fairness and equity. The Court rejected the argument that remarriage should be disregarded, finding that the approach is not illogical or anomalous, nor does it result in unequal treatment. The Court further found that the decision in Glass v Santam Insurance Ltd and Another was incorrect in holding that remarriage ends the period for calculating loss. Instead…