Publication
50928 (31 May 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
Decision of a Single Member
Name of applicant: [ ]
Application number: 50928
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. Mr. [ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on the [ ].
2. The application relates to an incident which occurred on the [ ]. The Applicant describes an incident whereby he was working as a delivery driver. He commenced his work at approx.. 6.00 p.m. He states that at approx. 8.30 p.m. he was requested by his employer to make a delivery to [ ]. In the course of attempting a delivery to the address in question the Applicant was hit with what he describes as a bottle or sharp object to the face by a group of youths. An ambulance was called and the Applicant was transported to the [ ]. Hospital where he received four stitches to his right eye.
3. The incident was reported to Garda [ ] at [ ] Garda Station on the date of incident. The Applicant’s states that he was absent from work for five to six week period due to his injuries. The Applicant states he incurred out of pocket expenses in respect of hospital attendances, doctor attendances and prescription medication.
4. An Garda Siochana confirm that the Applicant has no previous convictions. They advise that the incident was reported immediately to [ ] Garda Station. They state that no proceedings were instituted in respect of the matter. The assailants remain unidentified.
5. This application has been submitted outside the three-month period required -Paragraph 21 of the relevant Scheme, now paragraph 20, “requires application to be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment no later than three months after the date of the event giving rise to this injury”.
6. The application in this instance was submitted outside the three-month period and no explanation has been provided by the Applicant as to the lateness of same.
7. Further it is noted that no vouching documentation has been submitted by the Applicant or on his behalf in respect of the application concerned. It is expressly noted that on the [ ] this Tribunal wrote to the Applicant’s representatives requesting that vouching documentation by provided together with particulars of claim no later than the [ ].
8. No response was received to this correspondence. It also appears that no response was received to previous correspondence directed to the Applicant’s solicitors dated the [ ].
9. In circumstances where no vouching has been submitted combined with circumstances whereby the application was submitted outside the three-month period and no explanation has been provided by the Applicant - this application must be dismissed.
10. No award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
31 May 2022