SONARWA GENERAL INSURANCE COMPANY Ltd(SONARWA) v. NYIRAGANZA

SONARWA GENERAL INSURANCE COMPANY Ltd(SONARWA) v. NYIRAGANZA

SONARWA's failure to respond to the claimant's request for a medical commission does not absolve it from liability for medical expenses incurred abroad; the signed receipt is not a transaction barring further claims; and the claimant failed to prove business income for higher financial loss damages.

Citation
[2019] 2 RLR
Parties
Appellant/respondent: SONARWA General Insurance Company Ltd; Respondent/applicant: Nyiraganza Ramu
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
23 September 2018
Case Number
RS/INJUST/RC 00047/2017/SC
Procedural Posture
Civil (insurance Claim, Review Due to Injustice) / Supreme Court Review of High Court Decision
Outcome
Claim of injustice admitted in part; previous High Court judgment varied.
Legal Topics
Insurance Contract Interpretation, Compensation for Personal Injury, Medical Expenses Abroad, Burden of Proof, Review Due to Injustice
Source Language
en, rw
Insurance Law Tort Law Civil Procedure Insurance Contract Interpretation Compensation for Personal Injury Medical Expenses Abroad Burden of Proof Review Due to Injustice

Case Brief

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Parties

SONARWA General Insurance Company Ltd

Appellant/respondent

Nyiraganza Ramu

Respondent/applicant

Procedural Posture

Civil (insurance Claim, Review Due to Injustice) / Supreme Court Review of High Court Decision

Legal Issues

  1. 1 Whether the insurance company is liable to refund medical expenses incurred abroad when it failed to respond to the victim's request for a medical commission.
  2. 2 Whether a signed receipt by the claimant constitutes a full and final settlement (transaction) barring further claims.
  3. 3 Whether evidence produced by the claimant suffices to prove business income for financial loss damages.

Ratio Decidendi

SONARWA's failure to respond to the claimant's request for a medical commission does not absolve it from liability for medical expenses incurred abroad; the signed receipt is not a transaction barring further claims; and the claimant failed to prove business income for higher financial loss damages.

Court Disposition

Claim of injustice admitted in part; previous High Court judgment varied.

Orders

  • SONARWA to refund Nyiraganza Ramu 10,129,924 Frw for medical treatment in India.
  • SONARWA to pay Nyiraganza Ramu 3,000,000 Frw in damages.