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[2010] ZAGPPHC 79
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Mjali (Mtshali) v Road Accident Fund (33716/2008) [2010] ZAGPPHC 79 (30 July 2010)
IN
THE NORTH GAUTENG HIGH COURT,
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
CASE
NUMBER: 33716/2008
DATE:
30/07/2010
In
the matter between:-
MJALI
(MTSHALI) ANNA PLAINTIFF
and
ROAD
ACCIDENT FUND DEFENDANT
JUDGMENT
GOODEY
AJ:
[1]
In this matter the Plaintiff sues the Defendant for damages in the
form of loss of support resulting from the death of her "eliedged"
customary husband in a motor collision which occurred on 26
th
January 2007 in the area of Balfour.
[2]
By agreement between the parties, both counsel have requested me
to:
2.1
Decide whether or not the Plaintiff has
locus
standi.
In
other words ^whether the deceased had a legal duty to support the
Plaintiff or not;
2.2
Decide, if I find in favour of the Plaintiff, whether or not the
Plaintiff has proven at least 1% negligence on the part of
the
insured driver pertaining to the aforesaid collision;
2.3
Finally, should I find 2.1 and 2.2 in favour of the Plaintiff, to
award her damages in the amount of R613,519.00. In short,
the parties
have agreed that in the event of the Court finding that the Plaintiff
proven the necessary
locus
standi
to
have a dependant's action for loss of support and that the Defendant
is liable for the said loss of support the quantum of her
damages
will be R613,519.00 (per the agreed Employer's Certificate and
actuarial report of Actuaries, Clemans, Murfin & Rolland)
[3]
I find in favour of the Plaintiff pertaining to paragraphs 2.1 and
2.2 above, I will give my reasons later.
Consequently,
I
make
the following order: The Defendant is ordered:
1.
To pay the sum of R613.519.00 to the Plaintiff;
2.
To pay interest on the amount claimed a
tempore
morae
at
the rate of 15,5% per annum, from a date 14 days after judgment to
date of payment to the Plaintiff;
3.
To pay costs of suit inclusive of Value Added Tax to the Plaintiff.
GOODEY
AJ