Foilsiú
54473 (6 September 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.
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: 54473
Date of incident: [ ] (date of assault)
Date of application: [ ] (application signed [ ])
Decision outcome: The solatium payment payable pursuant to S.49 of the Civil Liability Act, 1961 in the sum of €35,000 is awarded as set out in the decision below.
In addition funeral expenses and cost of the erection of a headstone totalling €15,210 is awarded as set out in the course of the Judgment.
In addition out of pocket expenses are awarded in the sum of €244.25.
No award is made in respect of loss of earnings.
1. The application herein was made by [ ], the widow of [ ], deceased who passed away on the [ ] having been the victim of an assault on the [ ].
2. Pursuant to the report received from Detective Garda [ ] of [ ] Garda Station the Tribunal accepts that the deceased was the victim of a crime from which he succumbed and passed away. The details are as follows. [ ] The deceased was assaulted on [ ] where he received a number of blows to the head and face. He had no other injuries to his body. He was discovered by [ ] and brought to [ ] Hospital where he succumbed to his injuries on the [ ].
3. [ ] were charged with [ ] contrary to common law. Following a [ ] Trial in [ ] accused were convicted of [ ] of this deceased and sentenced to [ ] on the [ ].
4. The deceased was assaulted on the [ ]. He died from his injuries on the [ ]. The application form for the application was signed on the [ ] and the application was received by the Tribunal on the [ ] within three months of the claim arising. No further issue arises in relation to the time limit.
5. From the foregoing I am satisfied that the Applicant has established, on the balance of probabilities, that the deceased was the victim of a crime of violence and sustained personal injury which resulted in his death which is directly attributable to the crime of violence and accordingly I admit the application for consideration under the scheme.
6. The deceased was born on the [ ] thus on the date of his passing on the [ ] he was [ ] years of age.
7. At the date of his death the deceased was in employment. The Tribunal have received a copy P60 for the year ended [ ] which discloses that the deceased was in receipt of gross pay of €45,898.77 from which €6,699.51 was deducted in income tax with an additional €1,467.28 deducted in respect of Universal Social Charge and a further figure of €1,836.05 deducted of employee’s PRSI. By the Tribunal’s calculation this results in a nett annual income of €35,395.92 which equates to a weekly pay of €690.31 nett to the household. This broadly corresponds with the figure for the deceased’s income stated on the application form of €701 per week.
8. In contrast the Applicant who is described as a [ ] in her application form records an income of in or about €220 per week which is broadly substantiated by her P.60 which has been received for the year ended the [ ], although said P.60 does record that the weekly income of the Applicant is closer to €300 per week. Thus at the time of death the deceased was the substantial provider for the family.
9. Thus there appear to be grounds for the tribunal to make an award in respect of loss of earnings but there is inadequate evidence to do so in that the full extent of that loss has not been substantiated by an actuarial assessor.
10. At the date of death the deceased had the following statutory dependants:
11. The Tribunal must consider the payment of what is technically known as the solatium payment. At law, in fatal cases, the maximum award for compensation for pain and suffering is limited to the maximum amounts set out in a Statutory Instrument made pursuant to S.49 of the Civil Liability Act, 1961. At the date of the decision of the Tribunal the upper limit of that payment is a figure of €35,000, to be divided between all statutory dependants as the Tribunal sees fit.
12. No waivers have been received from any statutory dependant in favour of another statutory dependant thus the Tribunal must decide based on the evidence to hand as to how the solatium should be divided.
13. At the date of death the deceased’s siblings were all adults. He was the father of a family unit where, as indicated, the children remained dependant. The tribunal does not doubt the loss felt by the other statutory dependents arising from the unfortunate and untimely death of the Deceased but the Tribunal identifies the immediate family unit as that most affected. Thus the Tribunal concludes that whilst the claim has been made on behalf of all the statutory dependants and no waivers have been received, the award of the solatium payment should be made solely to the Applicant [ ], for and behalf of herself and [ ].
14. Documentation has been received which satisfies the Tribunal that the cost of the funeral came to €11,490 and the cost of the erection of the headstone came to €3,720 giving a total of €15,210. Of that amount it is noted in correspondence that [ ] stepped in to discharge the final €8,490 in respect of the funeral expenses.
15. Receipts have been received for food purchased in the [ ] which the Tribunal has identified as food obtained while attending at the Trial of the persons convicted of [ ] the deceased. The full amount of the food vouchers come to €228.45. In addition receipts for parking in and around the [ ] have been received in the sum of €15.80. The total amount of out of pocket expenses vouchers that have been received in the sum of €244.25.
16. While reference is made to counselling obtained by the [ ] no voucher has been received and as a result no award is made.
17. Paragraph 13 of the scheme provides for a reduction of an award or making of no award at all if the Applicant was responsible in some manner, for the injuries for which he sustained.
18. Paragraph 14 of the scheme permits a withholding or refusal of compensation having regard to an Applicant’s criminal record, character, or way of life.
19. By reference to the report received from Detective [ ] of [ ] Garda Station it is noted that the deceased had been involved in [ ]. In the circumstances outlined here the Tribunal determined that the Applicant was the innocent victim in this matter and that paragraph 13 has no application.
20. Detective Garda [ ] also has recorded that the Applicant herein has no previous convictions and the deceased had [ ] previous convictions for [ ] which all dated back to [ ]. The Tribunal is of the opinion that the convictions of the deceased have no relevance to this claim and that as a result there should be no withholding or refusal of compensation having regard to the deceased’s past history.
11. The Tribunal awards the full solatium amount of €35,000 to the Applicant for and on behalf of herself and [ ] and [ ].
12. The Tribunal makes an award arising from the cost of the burial of the deceased and the erection of a headstone in the total sum of €15,210 of which €8,490 is payable to [ ] who discharged that part of the funeral bill.
13. An award in respect of out of pocket expenses is made in the sum of €244.25.
14. No deduction is being made in respect of social welfare payments identified as payable to the Applicant in circumstances where, despite the circumstances permitting an application for a loss of earnings claim, no loss of earnings claim has been adequately made out.
15. Thus the total award being made by the Tribunal is the sum of €50,454.25, of which €8,490 is payable to [ ].
Name of Tribunal Member: Damian Sheridan B.L.
Criminal Injuries Compensation Tribunal
6 September 2023