SANLAM AG Plc v BAYIJAHE

SANLAM AG Plc v BAYIJAHE

The insurer failed to comply with the legal timeframes and procedures for submitting a 'contre-expertise' report, and did not properly communicate it to the victim. Therefore, the victim's medical report indicating 55% disability must be used for compensation. Averaging the two reports is not legally supported. The victim, being unmarried and over 25, is entitled to compensation for loss of marriage prospects. Legal fees are also awarded as the victim had legal representation and prevailed.

Citation
RCA 00071/2021/HC/RWG
Parties
Appellant/respondent: SANLAM AG Plc; Respondent/appellant: Bayijahe Fred
Court
High Court
Jurisdiction
Rwanda
Judgment Date
25 November 2022
Case Number
RCA 00071/2021/HC/RWG
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal by Sanlam AG Plc dismissed; cross-appeal by Bayijahe Fred allowed in part; first instance judgment modified as to quantum of damages.
Legal Topics
Bodily Injury Compensation, Motor Vehicle Accident, Disability Assessment, Loss of Marriage Prospects, Legal Costs
Source Language
rw
Insurance Law Tort Law Civil Procedure Bodily Injury Compensation Motor Vehicle Accident Disability Assessment Loss of Marriage Prospects Legal Costs

Case Brief

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Parties

SANLAM AG Plc

Appellant/respondent

Bayijahe Fred

Respondent/appellant

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Which medical report should be relied upon between the insurer's and the victim's?
  2. 2 Is the victim entitled to compensation for loss of marriage prospects?
  3. 3 Is the victim entitled to legal fees as part of damages?

Ratio Decidendi

The insurer failed to comply with the legal timeframes and procedures for submitting a 'contre-expertise' report, and did not properly communicate it to the victim. Therefore, the victim's medical report indicating 55% disability must be used for compensation. Averaging the two reports is not legally supported. The victim, being unmarried and over 25, is entitled to compensation for loss of marriage prospects. Legal fees are also awarded as the victim had legal representation and prevailed.

Court Disposition

Appeal by Sanlam AG Plc dismissed; cross-appeal by Bayijahe Fred allowed in part; first instance judgment modified as to quantum of damages.

Orders

  • Sanlam AG Plc to pay Bayijahe Fred economic damages of 4,168,421 Frw.
  • Sanlam AG Plc to pay Bayijahe Fred moral damages of 1,080,000 Frw.