NGIRABAKUNZI NABANDI v SONARWA

NGIRABAKUNZI NABANDI v SONARWA

The appellants failed to provide conclusive evidence of the deceased's actual income or professional status as a motorcycle taxi operator for the 12 months preceding the accident. Therefore, economic damages must be calculated based on the statutory minimum wage (SMIG) of 3,000 Frw per day. The appeal lacks merit...

Source-derived case information.

Citation
RCA 00304/2021/HC/KIG
Parties
Appellant: Ngirabakunzi Pierre na bagenzi be; Respondent: SONARWA General Insurance Company
Court
High Court
Jurisdiction
Rwanda
Judgment Date
1 December 2023
Case Number
RCA 00304/2021/HC/KIG
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Motor Vehicle Accident Compensation, Calculation of Damages, Minimum Wage (smig), Burden of Proof for Income, Procedural Requirements for Insurance Claims
Insurance Law Tort Law Civil Procedure Motor Vehicle Accident Compensation Calculation of Damages Minimum Wage (smig) Burden of Proof for Income Procedural Requirements for Insurance Claims

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Parties

Ngirabakunzi Pierre na bagenzi be

Appellant

SONARWA General Insurance Company

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

  1. 1 Whether the lower court correctly calculated economic damages based on the minimum wage (SMIG) for the deceased's dependents
  2. 2 Whether appellants are entitled to higher damages based on alleged actual income
  3. 3 Whether appellants are entitled to costs and attorney fees on appeal

Ratio Decidendi

The appellants failed to provide conclusive evidence of the deceased's actual income or professional status as a motorcycle taxi operator for the 12 months preceding the accident. Therefore, economic damages must be calculated based on the statutory minimum wage (SMIG) of 3,000 Frw per day. The appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed

Orders

  • Maintain the lower court's judgment in all respects.
  • SONARWA General Insurance Company to pay: 1,620,000 Frw to the deceased's parents as moral damages; 3,240,000 Frw to the deceased's siblings as moral damages; 6,589,120 Frw to the deceased's parents as economic damages; 935,200 Frw for funeral expenses; 1,000,000 Frw for attorney fees and costs at first instance;...