NYIRAMINANI v SINLAM

NYIRAMINANI v SINLAM

The court held that damages must be calculated using a SMIG of 3,000 Frw for 30 days per month, as established by Supreme Court precedent, and that the plaintiff was entitled to compensation for economic loss, loss of earning capacity, pain and suffering, disfigurement, medical expenses, and legal costs, totaling 3,531,100 Frw.

Citation
RC 00182/2019/TGI/NGOMA
Parties
Plaintiff: Nyiraminani Clémentine; Defendant: SANLAM PLC
Court
Intermediate Court
Jurisdiction
Rwanda
Judgment Date
16 November 2020
Case Number
RC 00182/2019/TGI/NGOMA
Procedural Posture
Civil (insurance Accident Claim) / Judgment at First Instance
Outcome
partially allowed
Legal Topics
Motor Vehicle Accident Compensation, Calculation of Damages, Permanent Disability, Loss of Earning Capacity, Pain and Suffering, Disfigurement, Medical Expenses, Legal Costs
Source Language
rw
Insurance Law Tort Law Civil Procedure Motor Vehicle Accident Compensation Calculation of Damages Permanent Disability Loss of Earning Capacity Pain and Suffering +3 more

Case Brief

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Parties

Nyiraminani Clémentine

Plaintiff

SANLAM PLC

Defendant

Procedural Posture

Civil (insurance Accident Claim) / Judgment at First Instance

Legal Issues

  1. 1 Appropriate minimum wage (SMIG) and number of working days per month for calculating damages
  2. 2 Eligibility and calculation of damages for loss of earning capacity
  3. 3 Calculation of damages for economic loss, pain and suffering, disfigurement, medical expenses, and legal costs

Ratio Decidendi

The court held that damages must be calculated using a SMIG of 3,000 Frw for 30 days per month, as established by Supreme Court precedent, and that the plaintiff was entitled to compensation for economic loss, loss of earning capacity, pain and suffering, disfigurement, medical expenses, and legal costs, totaling 3,531,100 Frw.

Court Disposition

partially allowed

Orders

  • SANLAM PLC to pay Nyiraminani Clémentine total damages of 3,531,100 Frw as detailed in the judgment.