53076 (4 April 2023)

Criminal Injuries Compensation Tribunal

Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme

Single Member Decision

Application of [ ]

Application number: 53076

Name of applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

Decision: Award of €365

The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant and his [ ] were the victims of an unprovoked assault by a group of youths which caused the Applicant to sustain personal injuries. The Applicant sustained multiple injuries and required G.P., hospital and dental treatment.

The incident in this case was reported by the Applicant without delay to An Garda Siochana in [ ]. The Applicant subsequently made a formal statement of complaint. The incident was investigated by Garda [ ] and the Applicant co-operated with the Garda Investigation. The perpetrators were identified and criminal proceedings were pending at the time of the application. No compensation has been paid to the Applicant at any time.

The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.

Article 21 of the General Scheme states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. In this case the application was received on the [ ], which is outside the three month period. However, the Applicant was just [ ] years of age when the incident occurred and time did not run against him as he had not reached the age of majority. On that basis the claim is admissible.

The Applicant was a student at the time of the incident and there is no claim for loss of earnings.

The Applicant submitted receipts for out-of-pocket expenses as follows:

[ ] Hospital: €100

[ ] Dental Surgery: €40

[ ] Dental Clinic: €225

The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury. The Applicant meets the requirements of the scheme and is eligible for payment of compensation in accordance with the scheme.

The Applicant incurred vouched out of pocket expenses of €365. No other allowable claim arises.

The Tribunal therefore makes an award to the Applicant in the sum of €365.

Dated the 4th day of April 2023.

Cathal Lombard

Tribunal Member