Publication
53137 (8 October 2019)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal - General Scheme
Single Member Decision
made on the 8th day of October 2019
File No. 53137
Application of: [ ] Deceased (the Applicant)
Date of incident: [ ]
Application date: [ ]
The Applicant suffered injuries during a violent assault at his place of business in [ ] on [ ]. The assault was investigated by An Garda but the offender had died before he could be prosecuted.
Article 21 of the Scheme requires that applications 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 injuries.
This application was late, having been made 5 months after the assault and outside the time provided by the Scheme for making application.
The Tribunal is requested to determine the circumstances of the late application as justifying its exceptional treatment. The circumstances outlined by the Applicant are that he was not aware of the existence of the Tribunal or the Scheme and only discovered it by accident while surfing the internet after the time for making applications had already expired.
The Tribunal notes that the Applicant was able to give a detailed statement to An Garda within 3 weeks of the assault notwithstanding his serious injuries and trauma of the assault.
The Tribunal is not satisfied in all the circumstances that the application justifies exceptional treatment and the Application is therefore not admitted.
In circumstances where the Application is not admitted, it is not necessary for the Tribunal to consider or make any determination or assessment as to what special damages, if any, the Applicant suffered as a result of his injuries. The Scheme makes no provision for general damages in the circumstances of this application, even if it had been admitted.
The Tribunal notes further that the Applicant unfortunately passed away on [ ] [ ] before his application could be considered by the Tribunal. Even if the application had been made on time, a cause of action for damages for personal injuries does not survive the death of the injured person, pursuant to s 7(2) of the Civil Liability Act 1961.
Signed: [ ]