52299 (13 October 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case Reference: 52299
Decision: Pursuant to Paragraph 16 in place at the time of the applicant’s application to the Tribunal, no award of compensation will be paid.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured on [ ] at the [ ], [ ] by an unknown man. The applicant and his brother reported the matter immediately to An Garda Siochana. The applicant stated that he received a broken jaw and cheekbone, and received treatment at A&E, [ ] and thereafter from Dr [ ] of [ ] Hospital, [ ].
4. The applicant claims compensation for:
a. Travel to hospital and check-ups;
b. Doctor and medical costs;
c. Parking and mouthwash and other medicines.
5. In total, the applicant claims compensation amounting to €390.38.
6. According to a Garda Report, the applicant received €[ ] compensation in respect of his injuries, obtained through the courts.
7. On [ ], the Secretariat of the Tribunal wrote to the applicant acknowledging receipt of his application.
8. On [ ], the applicant wrote to the Tribunal enquiring about his application and seeking an update.
9. On [ ], the Secretariat of the Tribunal wrote to the applicant noting that he had received compensation through the courts for his injuries and alerting the applicant to the provisions of the Scheme which require the Tribunal to deduct this amount from any award which may be made. The applicant was invited to inform the Tribunal if he had incurred expenses in excess of this amount.
10. On [ ], the Secretariat of the Tribunal wrote to the applicant asking if he wished to pursue his claim, and, if so, to submit any outstanding receipts or vouched expenses which arose as a result of his injuries. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. No response to the letters of [ ] or [ ] is on file.
15. Paragraph 16 of the Scheme provides: “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
16. The only expenses which are properly before the Tribunal relate to prescription charges and hospital expenses.
17. On [ ], the Secretariat of the Tribunal wrote to the applicant informing him of the provisions of Paragraph 16 of the Scheme and asking the applicant if he had incurred any further expenses in excess of the €[ ] which he had previously obtained in compensation. There is no reply to this letter on the applicant’s file.
18. Therefore, there is no information before the Tribunal to suggest that the provisions of Paragraph 16 of the Scheme should not apply in this case.
19. As the amount of compensation received by the applicant in respect of his injuries sustained exceeds the amount claimed by the applicant for out-of-pocket expenses, no award of compensation will be paid.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
13 October 2022