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The Supreme Court rejected SONARWA’s revision for injustice, holding it could not raise new claims absent from the earlier proceedings, and affirmed the damages award.
The Supreme Court held that Radiant Insurance Company Ltd could not recover compensation paid to an accident victim from the motorcycle owner absent proof of intentional fault.
The Supreme Court held that the insurer could not recover from the insured the indemnity paid to an accident victim where the accident was caused by a borrower driving the motorcycle while intoxicated.
The High Court held SANLAM was not liable for compensation because the deceased was not covered by the insurance policy, which covered only the driver.
The High Court held that Muhire Jean Pierre was a third party, not an occupant, in a truck insurance dispute, and upheld compensation under statutory rules.
The High Court held that Muhire Jean Pierre was a third party, not an occupant, after a fatal truck accident, and upheld statutory compensation against SANLAM AG.
The insurer is not liable for damages resulting from an accident where the insured vehicle was driven by an unlicensed driver and carried unauthorized passengers, as these acts constitute a fundamental breach of the insurance contract, excluding coverage for both the insured and third parties.
Source excerpt
Economic damages for self-employed accident victims must be calculated based on the net annual income typical for the profession, deducting applicable taxes, rather than the minimum wage, when the profession is known and evidence of income is provided, even if not in the form of authentic deeds. For motorcyclists, the net annual income is determined by deducting the lump sum tax and trading license tax from the standard annual income recognized by tax authorities.
Source excerpt
The High Court held SANLAM liable in part for a fatal motor accident, finding the victim’s illegal position on the truck did not remove insurance coverage, but reducing damages by 50%.
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.
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