Foilsiú
51697 (26 September 2022)
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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 51697
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant left the [ ] in [ ] to go to her car at the rear of the premises. Whilst walking down a laneway she was accosted by a male, who grabbed her bag and swung her to the ground before making off with her purse. The Applicant suffered injuries, in particular a dislocation of her left shoulder and she received treatment at the [ ] Hospital.
The incident in this case was reported by the Applicant to Garda [ ] at [ ] Garda Station and she later made a formal statement of complaint. The incident was investigated and CCTV footage was obtained. The offender was not identified and no criminal proceedings occurred. No compensation was paid to the Applicant at any time.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Article 21 of the General Scheme (pre-April 2021) states that “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”. In this case, the application was received on the [ ] and is therefore within time.
The Applicant was at the loss of her purse and items contained therein, including €190 in cash. Her bag which had contained the purse was ripped. Her watch was damaged.
The Applicant attended for five sessions of physiotherapy treatment. She also attended for five sessions of treatment with an Osteopath. The Applicant states that she incurred medical expenses totalling €1,137 including the excess on her private health insurance. She states that she incurred additional expenses, such as childminding costs, cleaner and required a friend to assist her.
The Applicant submitted no receipts or any vouching documentation for out-of-pocket expenses. It is unclear whether any loss of earnings was sustained, however in any event no loss was certified or vouched.
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when she sustained personal injury. The incident was investigated, however no criminal proceedings arose and no compensation was paid to the Applicant.
The Tribunal has no power to award general damages for personal injury. The Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses incurred as a result of the personal injury sustained. The onus of proof in this regard rests with the Applicant. Amounts claimed must be vouched and/or supported by appropriate documentation. Loss or damage to property is not covered under the scheme.
The Applicant’s Solicitor in his letter of [ ] submitting the application stated that “we will provide vouching documentation for the special damages in due course”. However, no receipt or documentation has been submitted to vouch any out-of-pocket expense at any time since. No loss of earnings has been certified or vouched. Loss or damage to property is not covered under the scheme.
In the circumstances, the Tribunal is unable to make an award.
Dated the 26th day of September 2022.
Cathal Lombard
Tribunal Member