Publication
F/51137 (17 June 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Fatal Injuries Application
Single Member Decision
The Deceased: [ ], [ ], who died on the [ ] (“the Deceased”)
Applicant: [ ], partner of the Deceased
Application ref: F/51137
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award.
[ ] (“the Applicant”) has made a claim for compensation arising out of the death of her partner and father of her [ ] children, [ ] (“the Deceased”) under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
In her application received by the Tribunal on the [ ], the Applicant stated that her partner, the Deceased, died following an assault upon him outside a licensed premises on [ ], on the [ ]. In a Garda Report, received by the Tribunal on the [ ], the Gardaí recorded that the Deceased had been socialising in a public house on the night in question and [ ]. Upon arrival at the scene, the Gardaí observed that the Deceased was [ ]. He slumped to the ground and despite paramedics attempts to resuscitate him, he was pronounced dead when brought to [ ]. The Deceased’s death certificate records his death as [ ] and [ ]. Proceedings were brought against the [ ] perpetrators of this crime.
In aid of her application the Applicant has provided the Tribunal with the birth certificates for her [ ] children with the Deceased, presumably in respect of a solatium claim, and has furnished waivers to any claims for compensation from the Deceased’s brothers and sisters. The Applicant also makes a claim for funeral expenses and for loss of income as a result of the untimely death of her partner. The Tribunal notes that while the Deceased had been employed in the years prior to his death as a [ ], in the months leading up to his premature death, age [ ] years, the Deceased was not in fact employed.
Upon request from the Tribunal, the Applicant has most recently furnished details of settlement monies received on foot of a civil action taken against the perpetrators of the assault upon the Deceased resulting in his death. The Tribunal notes that by Order of the High Court dated the [ ], Applicant was to receive the sum of [ ], to be apportioned mainly between the Applicant and [ ], with a small sum payable to [ ]. The Order expressly included a sum to cover funeral expenses. An additional payment was ordered by the Court towards the costs incurred by the Applicant for the Coroner’s Inquest into the death of the Deceased.
Paragraph 15 of the Scheme provides:
“The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
As the Applicant and her family have already received a considerable sum in full and final settlement of a civil claim instituted against the perpetrators of this crime resulting in the death of the Deceased, which would cover all possible compensation that the Tribunal could make, no award is made in this case by the Tribunal.
The Tribunal extends its sympathy to the Applicant on the loss of the Deceased and takes this opportunity to wish the Applicant and her family well into the future.
Nora Pat Stewart
Dated: 17 June 2022