RWANDAIR Ltd v. KARANGWA

RWANDAIR Ltd v. KARANGWA

The Supreme Court held that Article 17 of the Warsaw Convention only provides for compensation in cases of death, bodily injury, or other physical injuries resulting from an air accident. Psychological injuries alone, without accompanying physical injury, are not compensable. Since the respondent did not prove any bodily injury, no compensation is due under the Convention.

Citation
RLR V.2-2016
Parties
Appellant: RWANDAIR Ltd; Respondent: KARANGWA Oreste
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
31 July 2015
Case Number
RCOMAA 0025/13/CS
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; lower court judgment reversed.
Legal Topics
Air Carrier Liability, Damages for Psychological Injury, Interpretation of Warsaw Convention Article 17, Limitation Periods for Claims
Source Language
en, rw
Aviation Law Contract Law Tort Law Air Carrier Liability Damages for Psychological Injury Interpretation of Warsaw Convention Article 17 Limitation Periods for Claims

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Parties

RWANDAIR Ltd

Appellant

KARANGWA Oreste

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether psychological injuries (blessures psychiques) from an air accident are compensable under Article 17 of the Warsaw Convention
  2. 2 Whether the respondent's claim was time-barred under the applicable limitation period

Ratio Decidendi

The Supreme Court held that Article 17 of the Warsaw Convention only provides for compensation in cases of death, bodily injury, or other physical injuries resulting from an air accident. Psychological injuries alone, without accompanying physical injury, are not compensable. Since the respondent did not prove any bodily injury, no compensation is due under the Convention.

Court Disposition

Appeal allowed; lower court judgment reversed.

Orders

  • Judgment of the Commercial High Court (RCOMA 0180/13/HCC) is set aside in its entirety.
  • KARANGWA Oreste is ordered to pay court costs of 100,000 RWF.