Publication
52281 (11 April 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: 52281
Date of incident: [ ]
Date of application: [ ] received
Decision outcome: The application is dismissed 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’).
2. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal received on the [ ] in respect of an incident which occurred on the [ ] at [ ].
3. The Applicant gave very few details on the application form regarding the circumstances in which the injury incurred. According to An Garda Siochana they received a call about an alleged assault which had occurred at the front gate of [ ] Apartments, [ ]. On arrival at they found the Applicant with what seemed to be a head injury.
4. Garda [ ] who attended the scene reported that an off-duty Guard by the name of Garda [ ] stated that she was parking her car when she saw the Applicant and another person wrestling on the ground. She said the second person involved was a [ ] to [ ] year old male and was wearing a hood. The Applicant explained that the attacker had thrown a concrete block at his head in an attempt to rob him. It would appear that the attacker was never located. The Applicant is [ ] and as a result of the incident was absent from work for five days and was paid €657.02 by [ ].
5. The Applicant was written to on the [ ] and it was pointed out to him that the documentation submitted from [ ] appeared to indicate that he had suffered no loss of earnings. There was an invoice on file from the [ ] and [ ] Hospital in the sum of €100 and he was invited to submit any further receipts.
6. On the [ ] the Tribunal Secretariat wrote to the Applicant enquiring to know if he still wished to pursue the matter. He was informed that if the office did not hear from him by the [ ] the file would be sent to a Member for decision.
7. Nothing further has been heard from the Applicant.
8. It does appear that the Applicant did submit an invoice from the [ ] and [ ] Hospital in the sum of €100 but there is no evidence that it has been paid. It is noted that the invoice states “As this account was furnished to you some time ago we would be obliged if you would send us your payment immediately”.
9. 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”. The Applicant has not furnished any evidence of the discharge of the out of pocket expense claimed in the sum of €100. It is therefore impossible for the Tribunal to determine on the balance of probabilities based on the lack of evidence that he has met the requirements of Article 9.
10. Accordingly the application is dismissed under Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date 11 April 2023