Foilsiú
51786 (25 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: 51786
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’) on the [ ] in respect of an incident which occurred on the [ ].
2. The Applicant stated that the incident happened on this date. He stated that the offender was a [ ] and he suffered in the course of presumably an assault three fractured cheek bones on his left side, stitches over his eye, general bruising and a broken middle finger on his left hand. He identified his GP as Dr [ ] in [ ] and his Consultant as Professor [ ] in [ ] Hospital. He also attended [ ] University Hospital. He described the special features of the injury were numbness to the side of his face.
3. An Garda Siochana stated that an incident happened on the [ ] at 19.30 at the [ ]. According to An Garda Siochana the Applicant was involved in a verbal altercation with a Mr [ ] in a fast food outlet and while walking home a short while afterwards he was approached from behind from his assailant who beat him around the head [ ]. The Applicant has two previous convictions for drink driving and one for public Order offences. It is noted that no compensation was paid by the accused in this case.
4. The application was lodged by [ ] Solicitors on behalf of the applicant. The Application was lodged outside the three month time limit and the reason given for the delay was “I was awaiting outcome of criminal procedure. I was not aware that I could make an application until I met with my Solicitor in [ ].”
5. Article 20 of the scheme (previously Article 21) provides “application 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. Its application should be made as soon as possible.”
6. The Solicitors for the Applicant were notified on the [ ] that the Tribunal had written for a Garda report of the incident. On the [ ] the Garda Report was forwarded to the Solicitors for the Applicant stating as follows: “I await hearing from you in relation to the full extent of your client’s expenses.”
7. Article 14 of the scheme was also drawn to the Applicant’s Solicitors attention but for the purpose of this decision I do not propose to consider Article 14 of the scheme.
8. On the [ ] the Applicant’s Solicitors were written to in the following terms: “With reference to the above application and to our previous correspondence [ ], a copy of which is enclosed please inform this office in writing if your client still wishes to pursue this matter. If so please forward the documentation required including original receipts and vouching documentation with regard to your clients out of pocket expenses arising from the personal injuries. If this office does not hear from you by the [ ] the file will be sent to a member for decision.”
9. No response has been received to that correspondence.
10. 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”.
11. No details of out of pocket expenses have been furnished with the application. No vouching has been furnished with the application. It is therefore impossible for the Tribunal to determine as a matter of probability that the claim here meets the requirements of Article 9 of the scheme.
12. Accordingly the claim is dismissed under Article 9.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
25 January 2023