The Road Accident Fund v Ntombizanele Florence Timis

Mr Alfred Vuyisile Makeleni, the deceased, was killed in a motor vehicle accident on 28 July 2001. He was married to the respondent, Ms Ntombizanele Timis, under customary law and was the sole breadwinner for her and their two minor children. After his death, the respondent, who was unemployed, applied for and received child support grants on behalf of the children under the Social Assistance Act. She instituted an action against the Road Accident Fund (RAF) for damages for loss of support arising from her husband’s death. Liability was conceded and the High Court had to determine quantum, including whether the child support grants received should be deducted from the damages awarded for loss of support.

The appeal was upheld. The High Court order was set aside and replaced with an order awarding reduced amounts to the children after deduction of the child support grants, and confirming the damages awarded to the respondent in her personal capacity.

The case authoritatively confirms that child support grants received under social assistance legislation are deductible from damages awarded for loss of support in RAF claims. It clarifies the application of the collateral benefits rule in South African delictual damages and reinforces the principle against double compensation where both damages and social grants are funded by the State.