Foilsiú
54960 (27 April 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: 54960
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The Applicant is refused under paragraph 6 of the scheme.
1. [ ] has made a claim for compensation under the scheme of compensation for personal injuries criminally inflicted (“the scheme”).
2. In her application for compensation under the scheme dated the [ ] the Applicant stated that she suffered injuries when she was the victim of an assault pursuant to S.3 of the Non Fatal Offences against the Person Act, 1997 which left her with a fractured left eye socket, a split eyebrow, a deterioration of her vision in the left eye with a haemorrhage and a high risk of a detached retina. Whilst no medical report has been submitted with her application the Tribunal has no reason to dispute the description of the significant assault what was visited upon [ ] through no fault of her own.
3. I am satisfied that the Applicant was the victim of a crime of violence having considered the report from Garda [ ]. I am furthermore satisfied that she suffered injury as a result of that crime. Despite the lack of a medical report I am satisfied that the corroborating evidence provided by the Garda is sufficient in the circumstances.
4. From the foregoing, I am satisfied that the Applicant has established on the balance of probability that she was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Accordingly I admit the application for consideration under the scheme.
5. The Applicant has, despite requests from the Tribunal, not submitted any invoices for out of pocket expenses or loss of earnings incurred by her. By way of handwritten letter from the Applicant in response to the Tribunal’s letter of the [ ] she indicates “I am satisfied that I have no receipts for loss of earnings, as I wasn’t working and any medical was covered by my medical card and will be from now on, as I am still under the care of the [ ] Hospital for the foreseeable, my claim is in respect of the pain and suffering that I went through and the long term affect that this had on me and my life and the continued problems with my left eye, and will probably never end. I shall continue to go to hospital to have my eye checked, I will continue to see my own doctor for stress due to everything that has happened”.
6. Under paragraph 6 of the scheme for compensation for a personal injuries criminally inflicted effective from [ ] the following is stated. Subject to the limitations and restrictions contained elsewhere in this scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts, except that compensation will not be payable…… (e) insofar as injuries sustained on or after the 1st January, 2006 are concerned, with the exception of fatal cases, in respect of pain and suffering.
7. 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 she sustained. The Applicant in this claim was the innocent victim in this matter. I am satisfied that paragraph 13 has no application.
8. Paragraph 14 of the scheme permits a withholding or refusal of compensation having regard to the Applicant’s criminal record, character, or way of life. I am satisfied that paragraph 14 has no application to this claim.
9. Unfortunately no award can be made in this instance in circumstances where the full extent of the Applicant’s claim is in respect of pain and suffering only. This is not covered by the scheme.
Name of Tribunal Member: Damian Sheridan B.L.
Criminal Injuries Compensation Tribunal
27 April 2023