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Rwanda decisions
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The Supreme Court held that no minimum time in employment is required for loss-of-earning-capacity damages and increased proven medical expenses and legal fees.
The Supreme Court held that the applicants failed to prove the deceased was an agrodealer, so compensation remained limited to the employee insurance terms.
The Supreme Court partly granted review, recalculating damages for a motorcycle taxi rider injured in a traffic accident and ordering repayment of overpaid amounts.
The insurer is liable for half of the compensation because both the insured driver and the bicycle rider contributed to the accident. The insurer's failure to request a counter-expertise within the legal timeframe means the claimant's medical report on disability is binding for compensation purposes.
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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.
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The Court of Appeal held that Mulindahabi’s crash was an ordinary road accident, not a work accident, and reinstated the intermediate court’s compensation award.
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.
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Gatabazi Pierre was entitled to compensation for loss of employment because he proved he was a motorcycle taxi operator at the time of the accident, supported by documentation. The calculation of lost earnings must be based on the average daily income of motorcycle taxi operators (6,444 Frw), not the statutory minimum wage, as established by Supreme Court precedent. Legal costs and attorney fees were justified and awarded.
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The insurance contract between SANLAM AG Plc and the vehicle owner does not limit compensation for third party passengers injured in an accident. Compulsory third party insurance covers such passengers, and SANLAM AG Plc is solely liable for the full amount of damages awarded to Nyaminani André. The lower court correctly applied the law and relevant insurance principles, and SANLAM's appeal has no merit.
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The insurer is not liable for compensation to persons injured while being carried in a vehicle in violation of the insurance contract and the law, where the breach (overloading) was intentional and known to the insured or their agent. The insurance policy covered only three passengers and third parties, not the 78 persons unlawfully carried. The appeal has no merit, and the lower court's decision stands.
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