SONARWA GENERAL INSURANCE COMPANY Ltd(SONARWA) v. NYIRAGANZA

SONARWA GENERAL INSURANCE COMPANY Ltd(SONARWA) v. NYIRAGANZA

SONARWA's failure to respond to the request for a medical commission does not bar the claimant from seeking treatment abroad; the insurer is liable for all related medical expenses. A signed receipt is not evidence of a transaction barring further claims. Damages for financial loss require sufficient proof of business activity, which was not provided. Additional damages are awarded for the insurer's refusal to pay, but not at the level claimed.

Citation
RLR V.2-2019
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; High Court judgment reviewed and varied.
Legal Topics
Insurance Contract Interpretation, Personal Injury Compensation, Medical Expenses Abroad, Transaction Evidence, Damages Calculation, Review Due to Injustice
Source Language
en, rw
Insurance Law Tort Law Civil Procedure Insurance Contract Interpretation Personal Injury Compensation Medical Expenses Abroad Transaction Evidence Damages Calculation +1 more

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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 a signed receipt by the claimant constitutes a transaction barring further claims
  2. 2 Whether the insurer must refund medical expenses abroad when it failed to respond to a request for medical commission
  3. 3 Whether evidence provided by the claimant is sufficient to prove business income for damages calculation

Ratio Decidendi

SONARWA's failure to respond to the request for a medical commission does not bar the claimant from seeking treatment abroad; the insurer is liable for all related medical expenses. A signed receipt is not evidence of a transaction barring further claims. Damages for financial loss require sufficient proof of business activity, which was not provided. Additional damages are awarded for the insurer's refusal to pay, but not at the level claimed.

Court Disposition

Claim of injustice admitted in part; High Court judgment reviewed and 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 for refusal to pay.