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The High Court dismissed an appeal seeking insurer liability for a fatal motorcycle-cyclist accident, holding the claimants failed to prove the insured driver caused the crash.
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.
Source excerpt
ESETRA Ltd is liable for the death of Habimana Viateur because the accident occurred in its mine, which it operated and controlled, and the company failed to rebut evidence that the accident resulted from its failure to observe safety standards. Liability attaches regardless of direct employment status or explicit admission, based on the principle that a person is responsible for harm caused by things under their care. The trial court's award of damages to the mother and siblings is upheld, with a minor adjustment to the amount for legal costs on appeal.
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