Foilsiú
50560 (30 May 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.
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 50560
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
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 application arises as a result of an incident which occurred on the [ ] at approx. [ ] at the [ ]. The Applicant states he was the victim of an unprovoked assault wherein he was struck by a glass in a public house and suffered injury as a result. The application form describes scarring to the left eye and surrounding left eye and socket area. The Applicant required treatment at [ ] Hospital where he was under the care of an ophthalmic surgeon.
3. The Applicant states in his application form that he is seeking compensation for loss of earnings in addition to compensation for items of expenditure which he states resulted from the injuries sustained.
4. An Garda Siochana confirm the incident was reported to them and that the Applicant received no compensation. The sum of €3,000 was offered in Court and the Court directed that the assailant increase the level of compensation payable. An Garda Siochana state the while compensation was not discharged on the first occasion it was clear that the intention of the Court was to facilitate the payment of compensation by the assailant to the Applicant. It is not apparent in the application what level of compensation, if any, was eventually paid by the assailant to the Applicant prior to the conclusion of the criminal proceedings.
5. Paragraph 21 of the relevant Scheme, now paragraph 20, “requires application to 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 date of the event giving rise to this injury”. The application in his case was submitted outside the three month period and the Applicant’s legal representatives have provided an explanation for the late submission of the application as follows “the only reason he did not file a claim with the Criminal Injuries Compensation Tribunal earlier is that he was unaware that the Criminal Injuries Compensation Tribunal existed and he is considerably our of pocket in terms of loss of earnings and expenses”.
6. As this is the only explanation provided by the Applicant’s legal representatives and as it is not the case that such a reason would be once which would cause this Tribunal to extend time for the making of this late application, this Tribunal is satisfied that this out of time application should be dismissed and no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
30 May 2022