53695 (25 July 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 53695

Date of incident: [ ]

Date of application: [ ]

Decision/outcome: Award of €1,519.49.

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].

2. The Applicant was travelling on a bus from [ ] to [ ] on the date in question where he appears to have been verbally engaged by a man, unknown to the Applicant, who made several threats of violence to the Applicant. Upon the Applicant’s disembarkation from the bus at [ ] in [ ] the Applicant was struck by the same man causing the Applicant multiple facial fractures and associated cuts and bruising. The incident was reported to Gardaí very soon thereafter.

3. The Applicant’s assailant was not prosecuted (presumably as he was not identified) and the Applicant did not receive any compensation.

4. Notwithstanding the lack of prosecution in this case, the Tribunal is satisfied that the Applicant was the victim of a crime of violence pursuant to Paragraph 1 of the Scheme and that he has submitted his claim within the three-month time limit. The claim is therefore admitted for consideration under the Scheme.

5. The Applicant’s claim can be divided into two separate claims: the Applicant’s claim for compensation in respect of a holiday to the [ ] that he could not go on due to his injuries and, separately, out-of-pocket expenses that the Applicant incurred because of his injuries.

6. The Applicant claims a substantial sum in respect of flights to the [ ] and hotel accommodation there that he was not able to enjoy. The Applicant further claims in respect of the cost of vaccinations that he had in anticipation of his holiday. The Applicant has informed the Tribunal that he received a partial refund in respect of the some of his expenditure on flights and accommodation. It is not clear one way or another whether the Applicant had travel insurance and, if he did, whether his insurer compensated the Applicant for his loss. Regardless of the position, the Tribunal draws a distinction between losses which arise from payments made prior to the Applicant’s injuries as opposed to losses which arise as a result of payments made because of the Applicant’s injuries. Accordingly the Tribunal refuses the Applicant’s claim in respect of his flights and holiday accommodation.

7. The Applicant claims for flights to and from the [ ] in respect of a ‘consultation’ on [ ]. The Applicant has been asked by the Tribunal what the nature of this consultation was and has failed to provide further information. Accordingly, the Tribunal has no alternative but to refuse this claim.

8. The Applicant has submitted a vouched claim in respect of the following medical expenses incurred:

a. [ ] Hospital – dated [ ] €150

b. [ ] Hospital – dated [ ] €150

c. [ ] – dated [ ] €100

d. [ ] – dated [ ] €53.52

e. [ ] – dated [ ] €29.57

Subtotal: €483.09

The Applicant has claimed for ten journeys (five journeys there and back) from [ ] to attend his consultant at [ ] Hospital in [ ] at 200km per journey. These claims are unvouched however the Tribunal is inclined to accept the claim in light of all other evidence provided by the Applicant. The Tribunal will allow these expenses and apply the maximum civil service mileage rate of 51.82 cent per kilometre (2,000km x 51.82 cent = €1,036.40).

Total of Applicant’s out of pocket expenses: €1,519.49

9. N/A.

10. The Applicant is therefore awarded the sum of €1,519.49 in respect of his claim.

Marc Murphy

Criminal Injuries Compensation Tribunal

25 July 2023