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Rwanda Case Law

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Insurance law RS/INJUST/RC 00024/2024/SC

RADIANT vs CWINYAAI [

The Supreme Court held that compensation for permanent disability below 30% must be calculated using the statutory minimum wage (SMIG) as per Presidential Order No. 31/01, Article 17. For loss of earning capacity, the Court found that Cwinyaai provided sufficient evidence of employment through a salary certificate, and that damages should be calculated based on his net salary. The lower court's awards were adjusted accordingly.

  • Personal injury compensation
  • Permanent disability
  • Loss of earning capacity
  • Calculation of damages
  • Burden of proof for employment
  • Application of minimum wage (smig)
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Civil law RLR V.2-2025

KWIZERA v RADIANT INSURANCE COMPANY LTD

The Supreme Court held that self-employed persons such as motorcycle taxi drivers who provide credible evidence of their profession and typical income (here, 2,400,000 Frw/year) should have compensation for economic loss calculated on that basis, with deductions for income tax (72,000 Frw) and patent tax (8,000 Frw), resulting in a net annual income of 2,320,000 Frw. The minimum wage (SMIG) is not applicable where such evidence exists. The Court recalculated the economic damages accordingly and awarded additional costs and fees as justified by the evidence.

  • Motor vehicle accident compensation
  • Calculation of economic damages
  • Compensation for self-employed persons
  • Application of minimum wage (smig)
  • Burden of proof for income
  • Deduction of taxes from compensation
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