Foilsiú
51795 (25 January 2023)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 51795
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the scheme.
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 for compensation under the Scheme, dated [ ] in respect of an incident which occurred on the [ ].
3. In their statements to An Garda Siochana [ ] described how while in the queue for [ ] with his [ ] at the [ ], [ ] an incident broke out in the car park and at that stage he was informed that his wife had been hurt. He brought her to casualty and noticed that his own car was damaged.
4. [ ] described how an incident broke out between An Garda Siochana and a number of individuals. This crowd was throwing stuff like bottles, stones at An Garda Siochana. She was very nervous and terrified and got out of the car and went to run into a house. She said that something hit her in the back of her right shoulder and she fell on to her left side. She fell on her arm. Her husband came and helped her. Her left arm was in a cast.
5. An estimate for repairs was furnished in respect of the damage to the motor vehicle. However, the Criminal Injuries Compensation Tribunal does not award material damage and therefore this element of the claim does not come within the ambit of the scheme.
6. An application was submitted by [ ] Solicitors on the [ ].
7. The Applicant’s Solicitors were written to on the [ ].
8. It was pointed out “The scheme does not cover damage to property or loss of property. The scheme for compensation for personal injuries criminally inflicted covers out of pocket expenses directly attributable to a crime of violence. Out of pocket expenses include all medical and counselling expenses, loss of earnings and travel expenses. If your clients have incurred any expenses that come within the scope of the scheme please furnish details. All expenses claims must be supported with documentary evidence the scheme prohibits the payment of pain and suffering in relation to all incidents that occurred on or after 1st April 1986. The scheme now covers out of pocket expenses (exceeding €63.50) only.”
9. No response was received to that letter.
10. The [ ] the Secretariat wrote to [ ] Solicitors in the following terms: “With reference to the above application and to our previous correspondence dated [ ] a copy of which is enclosed please inform this office in writing if your client still wishes to pursue this matter.
If so please furnish the documentation required including original receipts and vouching documentation with regard to your client’s out of pocket expenses arising from the personal injuries. If this office does not hear from you by the [ ] the file will be sent to a member for decision.” No response was received to that letter.
11. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63.50) should be awarded”.
12. No details of any out of pocket expenses exceeding €63.50 have been supplied with the application form. No vouching has similarly not been furnished.
13. It is therefore impossible for the Tribunal to determine as a matter of probability that the requirements of Article 9 have been met and accordingly the application is dismissed.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date: 25 January 2023