Foilsiú
51814 (29 October 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: 51814
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: Award of €1,260.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”). The Applicant’s claim is that he was standing at a bus stop outside [ ] on the night of [ ] when he was assaulted in a unprovoked attack by a number of youths, as a result of which he suffered injuries to his face, including a bloody nose and three broken teeth.
The Applicant’s claim is that he was first approached by three youths who tried to start a fight with him and taunted him [ ] and that two of their friends then followed and proceeded to punch him in the face and threaten to kill him with a metal bar, as a result of which his nose started bleeding. The two youths then headbutted the Applicant and told him that if he reported the matter to the Gardaí, they would kill him. The Applicant called the Gardaí immediately on 999. The Applicant claims that he was left very shaken, and traumatised by the whole experience, that he felt the threats made about what would happen to him if he reported the matter to the Gardaí were very serious.
The Applicant, who was [ ] ([ ]) at the time of the attack, claims that he attended the surgery at [ ] and then attended the [ ] Dental Clinic for treatment for his injuries and that he attended Dr [ ], Dental Surgeon for treatment after that. On his application form the Applicant reported that following treatment his teeth looked good through he noted that he may need root canal work later on. “In theory any of the three teeth could require root canal work within the year, if nerve dies” – he claimed at 4 (i) of his application form.
The Garda at [ ] Garda Station reported to the Tribunal that they had searched the area as soon as the incident was reported to them, but that this did not yield any positive results. The Gardaí also confirmed that they noted the Applicant’s injuries sustained following the assault.
The Applicant submitted his application to the Tribunal on [ ], two months after the incident. The Applicant is claiming dental expenses including monies already expended at the time of making his application in the sum of €260 for which a receipt was furnished to the Tribunal and he also indicated that further treatment might be required at a later stage depending on how his injuries settled or otherwise.
The Tribunal accepts that the Applicant suffered personal injuries following the attack upon him which are directly attributable to a crime of violence (satisfying paragraph 1 of the Scheme). The Tribunal is also satisfied that the incident giving rise to the injury was reported to the Gardaí without delay (satisfying paragraph 22 of the Scheme). The Tribunal further accepts that the Applicant’s application was received within the prescribed time period permitted in normal course under the Scheme (pursuant to paragraph 20 (formerly paragraph 21) of the Scheme. From the foregoing therefore, the Tribunal accepts that this application is eligible for further consideration.
The Tribunal wrote to the Applicant on the [ ] enclosing a copy of the Garda Report it had received in relation to the incident. The Tribunal did not hear from the Applicant after that. It wrote again and stated that if the Applicant intended to pursue his claim to provide all necessary documentation.
Upon review of this file, the Applicant had in fact provided all the documentation he had to hand in respect of his claim. The Applicant was making a claim for dental treatment and set out that further treatment might be required into the future. He noted that it would depend on what would happen in the year after the assault, the extent of any further dental treatment he would require, as a result of the injuries he sustained in the assault. The Tribunal sought that information less than four months after the incident and injuries arising.
On the basis of the claim made by the Applicant and the application and information submitted to it, the Tribunal awards the Applicant the sum of €1,260: €260 for dental work required and received in the immediate aftermath of the assault upon him, for which vouching was provided at the time he submitted his application, and a further €1,000 for future dental work, which the Applicant may well have required and obtained by [ ].
The Tribunal acknowledges the nasty attack upon the Applicant and the trauma he suffered as a result of same. The Tribunal also acknowledges the very reasonable fear that the Applicant suffered in the aftermath of the assault, having to return daily to the vicinity of the incident for [ ] Tribunal wishes the Applicant well into the future.
Award of €1,260
Nora Pat Stewart
29 October 2022