Foilsiú
52146 (23 November 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 52146
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The applicant is awarded the sum of €1,153 under the Scheme.
1. [ ] ('the applicant') has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ('the Scheme').
2. In his application for compensation under the Scheme, signed on [ ] and received by the Tribunal Secretariat on [ ], the applicant stated that he was assaulted by a person who had followed him from a party, which he had left to avoid confrontation. He suffered injuries including bruising and cuts to the face and left thumb and knee, a broken wrist, and also chipped incisors. The nature, extent and circumstances of the injuries are corroborated by a garda report on file, and in particular a medical report and a letter from the applicant's treating dentist.
3. From the foregoing, I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
4. The incident was reported to the Gardaí on the same date as the incident, thereby meeting the requirement of Para 22 of the Scheme that the matter be reported without delay. Further, the application was made within three months of the incident, meeting the requirements of Para 20 of the Scheme.
5. Accordingly, I admit the application for consideration under the Scheme.
6. The Tribunal may make awards of compensation for expenses that are incurred as a consequence of injuries sustained as a result of a crime of violence. This might cover the cost of treatment or loss of earnings or travel expenses to avail of the treatment required. However the Scheme under which the Tribunal is appointed does not permit members to make any awards for general pain and suffering caused by the injury: Para 6(e) of the Scheme. While it is apparent to the Tribunal that the applicant suffered significant pain and distress as a result of the violent assault, it can only acknowledge that fact and extend its sympathy to him. To award compensation for pain and suffering however is beyond the Tribunal's powers.
7. The applicant submitted claims for the items as tabulated below, also setting out discussion and the outcome of each sub-head of claim:
| Item | Amount claimed | Discussion | Amount awarded |
| Invoice [ ] Hospital [ ] | €100 | Directly arises from injuries criminally inflicted, invoice on file. | €100 |
| 5x Receipts F [ ], dentist on dates [ ] and [ ] | 145, 145, 105, 105, 138 = €638 | Receipts on same day for same amount explained in cover letter as being in respect of different treatments received on the same day. This lS accepted; the writing/stamp on each receipt is distinct from the other. A note of fees paid to Dr [ ] enclosed with a letter of [ ] however appears to reference two of these items already claimed, for treatment on the same days. No separate award for this item. | €638 |
| GP receipts [ ] | 3x55 = 165 | Directly arises from injuries criminally inflicted, invoices on file. | €165 |
| Medical Report of [ ] | 350 | Confirms the outline of the injury and connects dental treatment to it. Other injuries also sustained, however it appears no expenses have been claimed in respect of them. | €350 |
| Total | €1,153 |
8. A quote from the applicant's dentist for treatment that might be required was also supplied. It was dated [ ] and related the dental work already done at that point. It noted that the composite repairs to the incisors were a 'temporary measure' and that either crowning or veneers would be required, depending on the incisors' long term prognosis. Questions were raised over root health and the potential for more treatment required.
9. By letter of [ ], the applicant's solicitor relayed his instructions that the applicant had his tooth re-capped in [ ] and again in late [ ] but that he has no receipts for these items. However, the Tribunal was not furnished with any information in respect of the price paid for the treatment. Further, he had a crown in [ ] for which he did furnish a receipt. This receipt however does not give any information on which tooth was crowned, or indeed why the crown was needed. It is impossible to assess whether the treatment was connected to the injuries criminally sustained. No awards can therefore be made for these items.
10. The applicant's solicitor confirmed by letter of [ ] that no loss of earnings was being claimed.
11. The Tribunal awards the sum of €1,153 in compensation for the criminally inflicted injuries sustained by the applicant on [ ].
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
23 November 2022