Publication
50990 (30 May 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
Decision of a Single Member
Name of applicant: [ ]
Application number: 50990
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the Scheme.
1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In pursuance of the application for compensation under the Scheme, he submitted an application form in or around [ ]. The application form was acknowledged received by the Tribunal on the [ ] and it related to an incident that occurred on the [ ].
The application form is unsigned and undated.
The Application relates to an incident which occurred on the [ ] outside the [ ].
The Applicant suffered a head injury and unfortunately had to undergo surgery from a bleed into the brain.
Details of the incident are extremely sparse in the application form.
Garda [ ] states that on the [ ] he received a report of an incident and when he arrived on the scene he spoke to [ ] who was quite drowsy. He states he had been hit in the head by [ ]. Witnesses established that [ ] and [ ] approached the applicant and after an exchange of words [ ] was witnessed striking [ ] on both sides of the head with his right and left fist. The applicant then fell straight back hitting his head off the ground. According to An Garda Siochana the Applicant suffered a large extra dural hematoma to the brain. At the time in November 2008 An Garda Siochana were awaiting a final medical report.
No details of any expenses were submitted with the application form. The Applicant was written to on the [ ] and invited to detail any further medical expenses together with any other documentary evidence. The medical expenses furnished were as follows:
[ ] Hospital - €66
[ ] Hospital: - €330
Receipt for €5 in respect of the €330 invoice.
[ ], the Applicant was the victim of a distressing and very serious assault.
As no other details have been furnished including a medical report the Tribunal is limited in that he claims only to have incurred expenses of €66 and €5.
3. 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 €500 should be awarded”. Unfortunately the amount of special damages does not exceed the €500 threshold and therefore the application is dismissed under Article 9 of the scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
30 May 2022