A 23-months-old child, who had not been conceived when his older sister was died in a hit-and-run accident in Dublin’s Phoenix Park on April 6, 2015, was Tuesday awarded €1,500 personal injury compensation for her death.
One year and 47 days after his sister Vanessa died, Marcel Siatka was born on May 24, 2016.
Representing the Siatka family, Barrister Conor Kearney advised Judge Terence O’Sullivan in the Circuit Civil Court that the Injuries Board had assessed damages of €42,777 to be split between between Vanessa’s surviving family and to incorporate the cost of her funeral.
Mr Kearney said the Injuries Board had not, in its final assessment, took into account compensation for Marcel as he had not been born when the accident occurred.
Judge O’Sullivan heard that, in line with the Civil Liability Act, Mr Siatka had taken a claim on behalf of members of his family, including Marcel. Mr Siatka, resident at Brandon Square, Waterville, Blanchardstown, Dublin 15, said Vanessa had a brother born more than a year after her death, who was not taken into account in the final assessment.
Mr Kearney referred to the fact that the court had to approve the assessment and the parents had stated they had no difficulty for compensation, as decided by the court, being shared with Marcel. Judge O’Sullivan said it was not a nice duty to split money between family members but he was of the belief that it was appropriate to mark the fact that Marcel would undoubtedly ask questions about his sister in future and would encounter some grief in relation to her death.
He said the €6,000 allocated to the three grandparents should be reduced to €1,500 each so as to allow for Marcel also receiving €1,500 and he directed that Marcel’s money be paid into court to his future benefit. He offered the court’s sympathy with the family.