SANLAM v NYIRIGIRA

SANLAM v NYIRIGIRA

A person who has reached retirement age is not entitled to compensation for loss of career as they are not considered to be in active employment; medical and rehabilitation expenses are compensable if supported by evidence; the 680,000 RWF was for physiotherapy, not care, and is allowable; other damages are awarded as justified by the evidence and law.

Citation
RCA 00159/2021/HC/KIG
Parties
Appellant/defendant: Sanlam AG Plc; Respondent/plaintiff: Nyirigira Félicien Moussa
Court
High Court
Jurisdiction
Rwanda
Judgment Date
17 January 2023
Case Number
RCA 00159/2021/HC/KIG
Procedural Posture
Civil Appeal (accident Compensation) / High Court Appeal
Outcome
Partially allowed appeal; first instance judgment modified.
Legal Topics
Motor Vehicle Accident Compensation, Damages Assessment, Appeal Procedure
Source Language
rw
Tort Law Insurance Law Civil Procedure Motor Vehicle Accident Compensation Damages Assessment Appeal Procedure

Case Brief

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Parties

Sanlam AG Plc

Appellant/defendant

Nyirigira Félicien Moussa

Respondent/plaintiff

Procedural Posture

Civil Appeal (accident Compensation) / High Court Appeal

Legal Issues

  1. 1 Whether compensation for loss of career (préjudice de carrière) is payable to a person of retirement age
  2. 2 Whether the sum of 680,000 RWF was properly awarded as compensation for care or physiotherapy
  3. 3 Assessment of damages for medical expenses, pain and suffering, and legal costs

Ratio Decidendi

A person who has reached retirement age is not entitled to compensation for loss of career as they are not considered to be in active employment; medical and rehabilitation expenses are compensable if supported by evidence; the 680,000 RWF was for physiotherapy, not care, and is allowable; other damages are awarded as justified by the evidence and law.

Court Disposition

Partially allowed appeal; first instance judgment modified.

Orders

  • Compensation for loss of career (540,000 RWF) removed from award to Nyirigira.
  • Sanlam to pay Nyirigira 3,240,000 RWF for physiotherapy (kinesitherapy).