23928 (13 May 2022)

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: 23928

Date of incident: [ ]

Date received: [ ]

Decision: No award

1. The applicant states in his application form that he was attacked by two drunken males and in the process of defending himself suffered two broken bones in his hand. The matter was not reported to the gardaí.

2. The applicant made the application because he was told to do so by VHI. The application is out of time by approximately four years, the date of the incident being unknown.

3. Paragraph 21 of the Scheme provides “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.”

4. The applicant has not provided any explanation that would justify exceptional treatment. It appears the application was lodged at the instigation of the VHI.

5. Paragraph 23 of the Scheme requires that the incident giving rise to a claim is reported to the gardaí. The tribunal can dispense with this requirement if all reasonable efforts were made to notify and cooperate with the gardaí. There is no evidence to suggest that there was any attempt to report this matter to the gardaí.

In circumstances where the delay in this case is approximately four years and the matter was not reported to the gardaí I do not make any award in this application.

Signed: Elizabeth Davey

Date: 13 May 2022