Publication
53067 (28 March 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 53067
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: Award of €635.60.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at the junction of [ ] Street and [ ] Street in [ ]. The Applicant and his friend were the victims of unprovoked assaults which caused the Applicant to sustain personal injuries including a fractured left zygoma and orbital floor. The Applicant initially attended [ ] Hospital and subsequently [ ] Hospital, where he underwent surgery to stabilise his fractures.
The incident in this case was reported by the Applicant without delay to An Garda Siochana in [ ]. The Applicant subsequently made a formal statement of complaint at [ ] Garda Station. The incident was investigated by Garda [ ] and the Applicant co-operated with the Garda Investigation. The perpetrators were not identified and no prosecution was anticipated. No compensation has been paid to the Applicant at any time.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Article 21 of the General 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”. In this case the application was received on the [ ], which is one day outside the three month period. However, given the seriousness of the assault, the number of hospital attendances required and the marginal lateness involved, this Tribunal Member is satisfied that the circumstances justify exceptional treatment and the claim is admissible.
The Applicant submitted receipts for out-of-pocket expenses as follows:
Loss of Ryanair travel costs: €235.60
[ ] Hospital: €100
[ ] Hospital: €300
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury. The Applicant meets the requirements of the scheme and is eligible for payment of compensation in accordance with the scheme.
The Applicant incurred vouched out of pocket expenses of €635.60. No other allowable claim arises.
The Tribunal therefore makes an award to the Applicant in the sum of €635.60.
Dated the 28th day of March 2023.
Cathal Lombard
Tribunal Member