Foilsiú
23962 (23 July 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: 23962
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 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. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which occurred on the [ ]. The Tribunal was notified on the [ ] of the incident and the Claim form is dated the [ ]. For the purpose of this decision the Tribunal have determined that the relevant date to be considered is the [ ].
3. The Applicant, a student was aged [ ] years of age at the time of this incident which occurred on the [ ] at [ ]. The incident was reported to An Garda Siochana on the night in question. The Applicant received in patient treatment from the [ ] to the [ ] and also had follow on out patient treatment. From the documentation submitted to the Tribunal the evidence is that the Applicant received a blow to the head with a bottle in an unprovoked attack resulting in an injury to the Applicant’s skull and eye. The Applicant in his claim form states that he had double vision in his right eye when he lowers his chin and is likely to have to undergo an operation on his eye at some stage in the future. There is also a lump on the left side of his head where the bottle hit him and scars in that area and on his eye.
4. The Applicant states that the incident happened in the run up to his [ ] and he found it difficult to read and concentrate as a result of the injuries. [ ] He outlined that he had to give up sport, developed a nervous shake in his right and left hand and he had taken up smoking. Dr [ ] of [ ] Medical Centre furnished a report to [ ] Solicitors on behalf of the Applicant who stated that the Applicant received a serious injury to his eye following a fracture to the orbit of his eye and that he subsequently had double vision and ocular motor disturbance.
5. On the [ ] the Tribunal wrote to the Applicant’s Solicitors enquiring to know if their client wished to pursue the application. The Secretariat had previously written on [ ]. No response has been received to that correspondence. There is a suggestion in the file that the Applicant intended to pursue and claim against both his attacker and [ ] where the incident occurred. There is no update from the applicant regarding that potential claim(s).
6. Article 20 of the scheme (previously Article 21) provides “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. The Application form was submitted here sometime in late June but the date that seems to be relevant at this stage is the [ ], namely the date of notification. The Applicant was of full age at the time. No answers appear to have been submitted concerning the questions in paragraph 3 of the application form which is somewhat surprising. Paragraph 3 provides for the submission of an explanation in relation to delay in submitting the claim form and circumstances for consideration to justify exceptional treatment.
8. The Tribunal is not in a position to speculate as to the delay in submitting the application form. It may well be that there are circumstances which might justify exceptional treatment but in the absence of any submission to that effect the Tribunal’s hands are tied and accordingly the application is dismissed.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
23 July 2023