Publication
23712 (23 January 2023)
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
Decision of a Single Member
Name of applicant: [ ]
Application number: 23712
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’) in respect of an incident which the Applicant states happened on the [ ].
2. The Applicant states that he was assaulted by a [ ] who was a member of a gang which threatened the Applicant.
3. The Applicant suffered a fractured jaw in two places as a result of the attack and his bite was offset. He was treated in [ ] Hospital in [ ] and [ ] Hospital in [ ] for the facial injury by [ ]. He received inpatient treatment from the [ ] to the [ ] and from the [ ] in respect of outpatient treatment.
4. He details his special damages as being travelling expenses being two trips from [ ] to [ ] and also VHI in the sum of €1,824.62.
5. He states that he was not aware that a claim had to be made until he was notified by the VHI who presumably are looking for a refund of what they paid out.
6. An Garda Siochana reported that on the [ ] [ ] in the presence of his father stated that he had been assaulted the previous night by another youth which happened at approximately 11.00 o’clock at night. This had followed a [ ] in which a scuffle had broken out amongst a group of teenagers. It seems that a friend of [ ] an [ ] had a [ ] taken from him by another youth and in the course of retrieving it he was assaulted and [ ] then went to his aid. Witness statements were taken and the matter was due before [ ] District Court on the [ ].
7. The Applicant was written to on the [ ] acknowledging receipt of the Application form and requesting that VHI furnish the Tribunal with a statement of the monies expended by them as a result of the incident. In addition it was pointed out that the Tribunal has a mileage rate of .2876c per mile as agreed with the Department of Finance. No response was received to that letter. On the [ ] a copy of the Garda Report was forwarded to the Applicant and a response was invited in respect of the letter of the [ ]. No response was received.
8. On the [ ] the Applicant was written to in the following terms: “With reference to your above application and our previous correspondence dated [ ] a copy of which is enclosed please inform this office if you wish to pursue your application. If so please forward the documentation requested including original receipts and vouching documentation in regard to your out of pocket expenses arising from your personal injuries. If this office does not hear from you by the [ ] your file will be sent to a member for decision”.
9. The Applicant was aged [ ] years of age at the time of this particular assault. The application form was lodged outside of the time under Article 21 but given his age and the fact that he was an infant at the time I do not believe it appropriate to invoke the terms of Article 21 (now Article 20) of the scheme.
10. The Applicant resides at [ ]. He has claimed travelling expenses being two trips from [ ] to [ ]. According to AA the distance in miles between [ ] and [ ] is 48.2 miles. Two trips therefore being round trips leaving a total amount claimed in respect of travelling expenses of €55.25 cent.
11. Article 9 of the scheme which was applicable at the time provided that “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50.00 should be awarded”. The £50.00 converted into €63.50. As the amount claim in respect of travelling expenses is less than €63.50 the application must be dismissed.
Accordingly I dismiss the Application under Article 9 of the scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
23 January 2023