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Rwanda decisions
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The Supreme Court rejected SONARWA’s revision for injustice, holding it could not raise new claims absent from the earlier proceedings, and affirmed the damages award.
Applicant is entitled to economic loss and professional impairment damages based on permanent disability (60%), regardless of continued employment, as statutory and case law require compensation proportional to impairment and its impact on earning capacity and professional advancement.
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The High Court held that, since there is no specific law governing damages for injuries caused by electricity accidents, damages must be determined by judicial discretion based on general principles of liability for harm caused by things under one's control. The court rejected the direct application of the presidential decree for motor vehicle accidents but used its methodology as guidance. The applicant was awarded damages reflecting his 92% permanent disability, loss of earning capacity, and related expenses, as the evidence established EUCL's liability.
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Court of Appeal (Rwanda) partially granted a retrial on injustice grounds, holding there was no conclusive proof the deceased was a professional motari, but recalculating economic damages.
The High Court held that an owner’s declaration and police report were not enough to prove the deceased was an employee of the vehicle for insurance purposes.
The Court of Appeal held that a deceased passenger was a third party for compensation purposes, so damages had to be calculated under the statutory motor-vehicle accident regime.
The insurer failed to comply with the legal timeframe and procedure for communicating the 'contre-expertise' report; therefore, the victim's medical report (55% disability) must be used for damages calculation. Damages for loss of marriage prospects are awarded as the victim is single, over 25, and has a qualifying disability. Legal fees are awarded as the victim had legal representation and succeeded in the case.
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The High Court held that the deceased was not proved to be a boy-chauffeur, so he was treated as a third party and compensation remained under the presidential decree.
Where an employee suffers a workplace accident and the insurance payout is insufficient to cover the actual damages, the employer is liable to pay the difference, and compensation is to be determined based on evidence and the court's discretion, not by formulas applicable to road accidents.
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Where insurance indemnity is insufficient to compensate for workplace injury, the employer is liable for the difference based on evidence and judicial discretion, restoring the employee to the position they would have been in absent the injury.
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