The Supreme Court held that a passenger injured in an insured vehicle was a third party entitled to statutory compensation, and awarded damages based on minimum-wage rules.
The High Court dismissed an appeal over compensation from a fatal road accident, holding that economic damages had to be calculated on the SMIG rate because actual income was not proven.
Applicants failed to provide conclusive evidence of the deceased's actual income or tax payments as a motorcycle taxi operator; therefore, compensation for economic loss must be calculated based on the statutory minimum wage (SMIG) of 3,000 Frw per day. The appeal lacks merit and is dismissed. No additional legal costs or attorney fees are awarded on appeal.
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.