51239 (20 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: 51239

Date of incident: [ ]

Date of application: [ ]

Decision outcome: €1,250

1. [ ] ("the Applicant") has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ('the Scheme') on the [ ].

2. The incident in question occurred in [ ], County [ ] at a location identified as [ ] in the town. Garda [ ] of [ ] Garda Station reports the incident concerned an alleged robbery. Garda [ ] further report that the incident occurred at [ ] hrs and was reported immediately to him. He records that the incident was not witnessed and that the Applicant suffered injury to her [ ]. An Garda Siochana report that [ ] closed her shop at [ ] and walked across the road to her car which was parked down a lane at [ ]. Two men approached the Applicant grabbing her bag off her shoulder and one of the males in question hit the Applicant in the eye area causing the injury sustained. The assailants thereafter made their escape. An Garda Siochana report that a file was sent to the D.P.P. No compensation was paid to the Applicant by the offenders.

As noted above an application was received from the Applicant by the Criminal Injuries Compensation Tribunal on the [ ].

3. Paragraph 21 of relevant the Scheme (now paragraph 20) requires "applications 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 event giving rise to the injury". The application in this case was submitted with the three month period and this Tribunal is therefore satisfied that this application should be admitted for consideration under the terms of the Scheme.

4. It is noted that the incident was reported immediately to An Garda Siochana and that this Applicant suffered injury and consequent expenditure as a result of a criminal act being perpetrated upon her.

The Applicant has submitted vouched expenditure in respect of outlay necessarily incurred by her in respect of the treatment of her injuries. To that end the Tribunal notes the vouchers submitted in respect of [ ] Opticians noting a cost of an eye test in the sum of €50 and replacement spectacles in the sum of €700. This voucher is allowed in full.

A second voucher is furnished in respect of the [ ] located at [ ] in the sum of €100 and this voucher is allowed in full.

A pharmaceutical/estimate in the sum of €300 is also submitted from [ ] and this voucher is allowed in full.

Correspondence is also noted on file from the Applicant's G.P. [ ] and also from the [ ] Hospital noting that the Applicant attended on three occasions at the [ ]. The sum of €100 in respect of travelling expenses to the said appointment.

The total award in this case is therefore €1,250.

Georgina Robinson

Criminal Injuries Compensation Tribunal

20 May 2022