53081 (11 April 2023)

Criminal Injuries Compensation Tribunal

Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme

Single Member Decision

Application of [ ]

Application number: 53081

Name of applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

Decision: Award of €80

The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at the [ ]. The Applicant was the victim of an unprovoked assault by another male, [ ], which caused the Applicant to sustain personal injuries. The Applicant sustained a fracture to the roof of his mouth, a burst lip and three damaged teeth, requiring treatment from his G.P. and a dentist.

The incident in this case was reported by the Applicant 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. 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 [ ] and was within time.

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

Dental Treatment: €30

G.P. Attendance Fee: €50

A brief report from the Applicant’s Dental Surgeon stated that the Applicant was expected to require root treatment for two teeth and repositioning of same. However, it is unclear if such treatment was received at any stage and no expense relating to same has been vouched.

The Applicant was the victim of a crime of violence which occurred on the [ ] at the [ ] 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 €80. No other allowable claim arises.

The Tribunal therefore makes an award to the Applicant in the sum of €80.

Dated the 11th day of April 2023.

Cathal Lombard

Tribunal Member