53137 (26 February 2020)

Criminal Injuries Compensation Tribunal

File No.: 53137

Applicant: [ ]

Date of incident: [ ]

Date the Tribunal was notified: [ ]

On the [ ] while the Deceased was alone in his [ ], an assailant entered the premises and took the Deceased unawares and assaulted him, [ ] severely in two places. The family of the Deceased were informed that the [ ] was so severe that it was likely that some form of implement had been used in the attack. Subsequent to the attack, the Deceased suffered a stroke [ ] [ ]. As a result of the attack the Deceased was no longer able to work and he had to retire. An application was made to the Criminal Injuries Tribunal on the [ ] by the Deceased. The Deceased passed away on the [ ]. The Deceased's children have maintained the claim on behalf of the Estate of the Deceased. The Applicant submitted that the business in which the Deceased worked had losses of [ ] to [ ]. However, it is clear from the accounts that the [ ] also earned an income out of the business. In the circumstances, the Tribunal awards €46,890 which represents two thirds of the figure of €70,335.35 sought by the Applicant, in addition special damages of €9,000.24 which totals €55,890.47. The Applicant submitted that there was €10,000 worth of [ ] stock approximately still in the premises when the Deceased retired, and accordingly this is deducted from the foregoing figure totalling €45,890.47. In the circumstances, the Tribunal awards €45,890.47 in full and final settlement of the Applicant's claim.

Dated: 26 February 2020

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