51712 (4 September 2024)

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: 51712

Date of incident: [ ]

Date of application: [ ] - received by the Tribunal [ ]

Decision outcome: Award in the sum of €5,715.70.

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application form, the applicant stated that he had sustained injury during an incident on [ ], in the vicinity of [ ]. The applicant, who was a taxi driver at the material time, had picked up a fare in [ ] which comprised a [ ]. In the course of the journey there was a dispute, in the course of which the applicant was assaulted by [ ]. It seems [ ]. exited the taxi at some subsequent point and were followed by the applicant, whereupon the applicant was assaulted for a second time by [ ].

3. The applicant sustained injuries consistent with the assault, including injuries to his head and face. The applicant received in-patient treatment at the [ ] Hospital and was also seen by his own GP. He also received dental treatment. In his application form, the applicant complained of ongoing symptoms, namely, tenderness on eating on the [ ] side of his upper jaw.

4. The applicant claims for costs of treatment and other out-of-pocket expenses which were set out on file.

5. There are two reports on file from An Garda Síochána, dated [ ] and [ ]. The reports confirm the applicant’s account which is set out in the statement of complaint which he made to Gardaí on [ ], which is also on file. It is confirmed that [ ]. arrested and prosecuted for the assaults perpetrated on the applicant. There are no details as to how the prosecutions were concluded save for confirmation that the applicant received the sum €2,500 in compensation from [ ].

6. Paragraph 21 of the Scheme states:

‘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.’

7. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.

8. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was lodged with the Tribunal on [ ]. As such it was lodged outside the three-month time limit.

9. In his application form, at section 2(f), the applicant set out the reasons for the late submission of the application as follows:

‘For the few weeks after the assault I was badly disfigured in the face. I avoided going out. I felt ill and uncomfortable. I booked to go to [ ] for intensive acupuncture treatment [ ] to [ ] I did not have the opportunity to consult with solicitor until the end of [ ]. I met with solicitor on [ ] and he notified my claim on [ ].’

10. Having considered the matter, and, in particular the contents of section 2(f) of the application form, the Tribunal is satisfied that the circumstances as set out are such as to justify exceptional treatment. Accordingly, the application is admitted for consideration under the Scheme.

11. The evidence on file establishes, to the requisite standard, that the applicant was the innocent victim of an assault and sustained injuries which are directly attributable to a crime of violence.

Loss of earnings

12. The applicant was self-employed as a taxi driver and was unable to work from [ ] until [ ]. The Tribunal accepts the rationale contained in the report of [ ] Accountants, dated [ ], for the loss of earnings for this period and awards the sum of €6,983.70 under this heading.

Vouched OOP expenses

13. The applicant’s solicitor in a letter to the Tribunal dated [ ] very helpfully consolidates the vouched OOP expenses incurred which the Tribunal awards in the sum of €1,232.

14. There is also on file an invoice in the sum of €595 for a flight which the applicant states he took to [ ] for treatment. The Tribunal disallows this invoice as unreasonable. The Tribunal considers that it was more reasonable for the applicant to avail of treatment locally without the need to have recourse to foreign travel.

15. From the award, in accordance with the Scheme, must be deducted the sum received by the applicant in compensation which was in the sum of €2,500.

16. The Tribunal therefore makes the following award:

Loss of earnings: €6,983.70

Vouched OOP expenses: €1,232

TOTAL: €8,215.70

LESS: €2,500

NET AWARD: €5,715.70

17. N/A.

18. Final award: €5,715.70

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

4 September 2024