MUKAKALISA N’ABANDI v SONARWA N’UNDI (Fond)
The Supreme Court held that the claim was not time-barred because the insurer failed to notify claimants of the settlement proposal and negotiations were not properly terminated. There was no valid settlement as the person who signed lacked full authority. Economic damages were denied due to lack of proof of dependency or special circumstances. Moral damages were awarded as per law, deducting amounts already paid. Funeral expenses were awarded in a reasonable amount. Litigation costs and attorney fees were partially granted to claimants as prevailing parties.
Source excerpt
- Compensation for road accident
- Prescription of claims
- Economic damages
- Moral damages
- Funeral expenses
- Authority to settle