Santam Bpk v Henery 1999 (3) SA 421 (A)

Santam Bpk v Henery 1999 (3) SA 421 (A)

Facts

Mr. Henery was killed in a road accident caused by the negligence of another driver. Mr. Henery's wife and three minor children were financially dependent on him. Mrs. Henery and her children claimed damages from Santam Bpk (Santam), Mr. Henery's insurance company, for the loss of support they had suffered.

Santam admitted liability for the accident but disputed the quantum of damages. Santam argued that Mrs. Henery and her children were not entitled to claim damages for the loss of support because Mr. Henery had a moral duty, rather than a legal duty, to support them.

Issues

The main issue in the case was whether Mrs. Henery and her children were entitled to claim damages from Santam for the loss of support they had suffered, even though Mr. Henery had only a moral duty to support them.

Reasons

The Supreme Court of Appeal (SCA) held that Mrs. Henery and her children were entitled to claim damages from Santam for the loss of support they had suffered. The court reasoned that the law of delict protects the right to support, regardless of whether the duty to support is legal or moral. The court also held that it would be discriminatory to deny dependents the right to claim damages for the loss of support on the basis of the status of their relationship with the deceased.

The court further held that the dependents of a deceased person are entitled to claim damages for the loss of support even if the deceased person was not the sole provider for the family. The court found that the dependents' loss of support is not limited to the amount of financial assistance they received from the deceased person, but also includes the loss of the deceased person's love, care, and guidance.

Conclusion

The SCA allowed Mrs. Henery and her children's appeal and awarded them damages for the loss of support they had suffered.

Summary

The case of Santam Bpk v Henery is a landmark case in South African law. It is the first case in which the SCA has considered whether dependents are entitled to claim damages for the loss of support from the insurance company of a deceased person who had only a moral duty to support them.

The SCA's decision in Santam Bpk v Henery is based on the following principles:

• The law of delict protects the right to support, regardless of whether the duty to support is legal or moral.
• It would be discriminatory to deny dependents the right to claim damages for the loss of support on the basis of the status of their relationship with the deceased.
• The dependents of a deceased person are entitled to claim damages for the loss of support even if the deceased person was not the sole provider for the family.
• The dependents' loss of support is not limited to the amount of financial assistance they received from the deceased person but also includes the loss of the deceased person's love, care, and guidance.

The SCA's decision in Santam Bpk v Henery has a number of implications. First, it means that dependents are now more likely to be able to claim damages for the loss of support from the insurance company of a deceased person who had only a moral duty to support them. This is a significant victory for the rights of dependents, particularly children and unmarried partners. Second, the decision means that insurance companies will now need to pay out more money in damages. Third, the decision may have implications for other areas of law, such as family law and inheritance law.