Foilsiú
52849 (27 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: 52849
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. The Applicant [ ] lodged an application with the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which happened on the [ ] at [ ].
3. The Applicant states that on the evening in question she was in the Hotel with her boyfriend. She noticed a [ ] at the opposite end of the bar looking at her. Before she could do anything this individual had struck her from behind not once but twice with a bottle. It appears that [ ] had a row with a friend of the Applicant a number of years previously.
4. The Applicant suffered a deep laceration to her right shoulder approximately 8 centimeters long and received treatment at [ ] Hospital.
5. In the application form at 2(f) it asks the question: “If it is over three months from the date of incident to date of submission of application please give reasons for the delay as required under Article 21 of the scheme.” The response to that is: “please ring [ ] to discuss”.
6. A similar answer was given in connection with question 7.
7. No details of any special damages were submitted. The Applicant did state however that she received [ ] in compensation from the offender.
8. The Applicant was written to on the [ ] with the standard enquires relating to details of loss of earnings, form P60, statement from the Department of Social Protection, original receipts.
9. It was drawn to the Applicant’s attention that no compensation is payable in respect of pain and suffering.
10. Nothing further has been heard from the Applicant since that date.
11. On the [ ] the Applicant was written to by the Secretariat in the following terms: “with reference to the above application and our previous correspondence dated [ ], a copy of which is enclosed, please inform this office if you still wish to pursue this application. If so please forward the documentation required including original receipts and vouching documentation in regard to your out of pocket expenses arising from their personal injuries. Please confirmed whether criminal proceedings have concluded so that we may seek a full Garda report”. No response was received to that correspondence from the Applicant.
12. On the [ ] the Secretariat again wrote to the Applicant in the following terms: “I would be grateful if you could let the Secretariat know if you still wish to pursue this application. A copy of the most recent correspondence is attached for your information. Please respond in writing quoting the above reference number by [ ].
If no response is received by this date the application will be submitted to a Tribunal member who will make a decision”.
13. No response has been received in relation to that matter.
14. 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”.
15. No details of any out of pocket expenses have been furnished. No vouching has been furnished. It is impossible for the Tribunal to determine on the balance of probabilities that the applicant has incurred special damages opf an amount greater than €63.50.
16. It is not necessary to consider Article 21 of the scheme which provides that: “application should be made as soon as possible but accepted circumstances determined by the Tribunal to justify exceptional treatment not later than three months after the event giving rise to the injury. No applications may be accepted by the Tribunal where the event giving rise to the Injury took place more than two years prior to the date of application”.
17. Accordingly the application is dismissed under Article 9 of the scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date: 27 January 2023