F54448 (10 March 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: [ ] on behalf of the dependants of the late [ ].

Application number: F54448

Date of incidents: [ ]

Date of application: 2[ ]**

Decision outcome: €46,875

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on behalf of the statutory dependants of her son the late [ ].

2. On the [ ] [ ] death by [ ] (“offender”).

3. The incident was investigated by [ ] Garda Station. The offender was charged with murder and found guilty in [ ].

Crime of violence

4. The Tribunal is therefore entirely satisfied that [ ] was an innocent victim of a senseless crime of violence.

Late application

5. The application was received over one year and five months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. The applicant has not been requested to provide an explanation. However, the Tribunal has carefully considered the enclosed application and enclosures and it is evident that the applicant and her family were in no fit mental condition to make the application any sooner that the applicant did. For the forgoing reason, the Tribunal finds that this application merits exceptional treatment and will admit this application to the Scheme.

Losses claimed

6. Paragraph 6 of the (pre-2021 Scheme) states that “Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts”. Therefore, where a claim is made under the Fatal Injury Scheme, the Tribunal must have regard to Section 49 of the Civil Liability Act 1961. While it would be impossible to compensate a family for such a loss, Section 49 of the Civil Liability Act 1961 provides for a modest maximum payment of €35,000 to the surviving dependants in respect of compensation for mental distress resulting from her wrongful death (“solatium”).

7. S 47 of the Civil Liability Act, 1961 defines a “dependent” as including the “wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister” of the deceased.

8. At the time of his death, the applicant advises (and the Tribunal relies upon this assertion) that [ ] was survived by only two statutory dependants, the applicant and his father, [ ].

9. The applicant has also submitted and vouched funeral expenses and other out of pocket expenses in the sum of €6,815, headstone expenses of €4,000 and refreshment expenses of €1,060. The total amount of these expenses amounts to €11,875. [ ] did not receive any bereavement grant in respect of any funeral expenses.

Solatium

10. No waivers have been executed by any of the surviving statutory dependants. The Tribunal therefore will make the following awards:

11. The applicant is awarded €17,500 portion of the solatium, plus the total vouched funeral, headstone and refreshment expenses of €11,875. These expenses should be repaid to whomever discharged them. [ ] is awarded €17,500.

12. The Tribunal makes a total award of €46,875, which is comprised of the following awards:

• Applicant – €29,375 (€17,500 solatium + €11,875 funeral, headstone and refreshment expenses)
• [ ] €17,500 (€17,500 solatium)

13. The Tribunal extends its sympathy to the applicant and to his father, [ ].

David Culleton

Criminal Injuries Compensation Tribunal

10 March 2023