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The High Court held that proof of employment and a salary certificate were enough to calculate damages on actual salary, not SMIG, and dismissed SANLAM’s appeal.
The insurer is liable for half of the compensation since both the insured driver and the cyclist contributed to the accident; the insurer's failure to request a 'contre-expertise' means the claimant's medical assessment is binding for compensation purposes.
Source excerpt
The High Court partly upheld SANLAM’s appeal, confirming insurer liability and reducing economic damages to 1,080,000 Frw where actual income was not proved.
The High Court held that a salaried victim of a road accident may receive compensation for loss of earning capacity even if salary continued, and corrected the computation to use actual pay.
Damages for medical malpractice resulting in permanent bodily injury must be assessed by the court in its discretion (ex aequo et bono), not by reference to the Presidential Decree on motor vehicle accidents, as there is no statutory scale for such injuries in Rwanda. The High Court erred by reducing damages based on an inapplicable statute. The original damages awarded by the Intermediate Court are reinstated, with the insurer's liability limited to the contractual amount.
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