Publication
F/52353 (3 November 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Fatal Injuries Application
Single Member Decision
The Deceased: [ ], late of [ ], who died on the [ ] ("the Deceased")
Applicant: [ ]. father of the Deceased
Application ref: F/52353
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: Total award of €28,829.76.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”) as a result of injuries sustained by his son [ ], resulting in [ ] death, aged [ ] years (“the Deceased”).
The Deceased was killed on the night of [ ], when he was the victim of an extremely violent attack at the [ ], [ ] by [ ], who was known to him. The Deceased’s remains were discovered [ ] days later by some local [ ], who contacted the Gardaí at [ ] Garda Station. In a Garda Report, received by the Tribunal on [ ], the Gardaí confirmed that the perpetrator of this extreme attack was sentenced to life imprisonment for the murder of the Deceased on [ ].
The Applicant submitted his claim to the Tribunal on [ ].
Applications for compensation under the Scheme can be made where personal injuries are sustained, including fatal injuries, as a result of a crime of violence. (per paragraph 1 of the Scheme). Where a fatal injury occurs, applicants are also entitled to apply for what is known as “solatium”, a compensation payment for the statutory dependants of a deceased who have suffered emotional distress as result of the wrongful death of that deceased (per paragraph 6 (e) of the Scheme). Eligible dependents are set out in section 47 of the Civil Liability Act, 1961 Act, as amended. Solatium is capped in law: in May 2012 it was set at €25,394.76.
The Applicant has made a claim for the Deceased’s funeral expenses in the sum of €3,435, for which he has provided documentation from [ ] Funeral Directors. The Tribunal notes that part of this sum, €2,000, was paid by the Department of Social and Family Affairs by way of a bereavement grant, and the remainder, €1,435, was paid by the Deceased’s family, according to the Applicant. The Applicant has also provided documentation for works undertaken on the Deceased’s grave from [ ] Monumental Work of [ ] Street, [ ] which amount to the sum of €2,000. No receipt has been provided for these works, but the Applicant has assured the Tribunal that this bill was also discharged by the family. This brings to a total the sum of €3,435 for the funeral expenses for the Deceased dating back to which remains unvouched.
This application was made weeks after the death of the Deceased and notwithstanding that the Applicant failed to reply to correspondence from the Tribunal dated [ ], which was just months after the death of the Deceased, the Tribunal is of the view that the circumstances which led to the death of the Deceased compounded the grief of his family, and it was entirely reasonable for the Applicant and his family to be caught up in their grief at that time and not to respond to the Tribunal, and to now expect that the Deceased’s funeral expenses be vouched, a [ ] later is, in the view of the Tribunal, unfair, unnecessary and not within the spirit of the Scheme. To that end, the Tribunal awards the Applicant the sum of €3,435 for funeral expenses incurred in respect of the Deceased’s funeral and burial. An unvouched claim in the sum of €160 for “clothing for family members”, is not however amenable to consideration for compensation by the Tribunal.
As the Deceased was unemployed and in receipt of Jobseeker’s Allowance at the time of his death no loss of earnings claim is considered.
The Applicant is also entitled to apply on behalf of the Deceased’s statutory dependants for the above referenced solatium, compensation for the pain and suffering caused by the Deceased’s wrongful death. In aid of his application the Applicant has provided the Tribunal with the following birth certificates:
[ ], father of the Deceased and Applicant (Date of Birth [ ])
[ ], of the Deceased (Date of Birth [ ]) – aged [ ]
[ ], of the Deceased (Date of Birth [ ])
[ ], of the Deceased (Date of Birth [ ])
[ ], of the Deceased (Date of Birth [ ])
[ ], of the Deceased (Date of Birth [ ])
The Tribunal determines that solatium is to be divided between the statutory dependants of the Deceased as follows:
[ ] - €10,000
[ ] - €7,394.76
[ ] - €2,000
[ ] - €2,000
[ ] - €2,000
[ ] - €2,000
€25,394.76
The Tribunal therefore makes the following compensatory awards:
To the Applicant and father of the Deceased, [ ]: Funeral expenses €3,435
Solatium €7,394.76
Total: €10,829.76
To [ ] of the Deceased [ ] - €10,000
To [ ] of the Deceased: [ ] - €2,000 each
Total award of €28,829.76
The Tribunal extends its sympathy to the Applicant and his family on the untimely death and tragic loss of the Deceased, [ ].
Nora Pat Stewart
3 November 2022