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.
Source excerpt
- 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