Foilsiú
54046 (12 December 2023)
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: 54046
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. Ms. [ ] ('the Applicant') has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ('the Scheme').
2. The application relates to an incident which occurred on the [ ], at [ ]. The Applicant states that she suffered injuries following the outbreak of a fight on the [ ] between a group of men. The Applicant tried to pull her boyfriend out of the fight and pushed another man away. The Applicant states she felt an impact on her face and she fell to the ground. The Applicant states that she lost [ ] teeth in the incident and cracked a [ ] tooth. As a result of this incident the Applicant has been required to attend for [ ] root canal treatments and has been informed that it is likely that she will need implants and treatment into the future.
3. The investigating garda is Garda [ ] of [ ] Garda Station. The Applicant reported the matter to An Garda Siochana on the [ ].
4. The Applicant states in relation to her personal injury that on the night of the incident she attended at the Emergency Department of [ ] Hospital and thereafter she has been under the care of her dentist Dr. [ ] of [ ]. The Applicant has also been caused to attend Dr. [ ] of [ ].
5. At the date of application, the Applicant confirms her expenditures in respect of dental treatment was €3,095. She also submitted a claim in respect of medical expenditure. The Applicant is employed as a [ ] and does not submit a claim in respect of loss of earnings.
6. The Tribunal acknowledged receipt of the Applicant's application by way of letter dated the [ ], and requested a copy of the Applicant's P60 from the Department of Social Protection and any original receipts which the Applicant held in relation to the injuries.
7. The Tribunal also wrote to the Superintendent of [ ] Garda Station on the [ ], seeking a garda report in relation to the matter. On the [ ], the Tribunal again wrote to An Garda Siochana no response having been received to the previous correspondence seeking a garda report.
8. On the [ ] An Garda Siochana responded advising that the correspondence had been forwarded to the investigating garda. Thereafter, a garda report was produced and received by the Tribunal on the [ ]. Garda [ ] the investigating garda reported and confirmed that the Applicant suffered dental injuries as a result of what appears to have been a brawl which broke out on [ ] in question. Garda [ ] confirms that the Applicant has no criminal record and has never come to the adverse attention of An Garda Siochana. Garda [ ] states that no criminal proceedings were taken against the alleged Offender in this case in circumstances whereby the Applicant withdrew her statement of complaint to An Garda Siochana.
9. A copy of the garda report was provided to the Applicant on the [ ]. The Tribunal invited the Applicant to make any observations she wishes in relation to the said report and further requested that the Applicant provide vouching documentation in relation to the expenditure she has incurred as a result of this incident. No response was received.
10. In the absence of the provision of vouching documentation by the Applicant in this case it is not possible to make a determination in relation to the matter. No award is made pursuant to paragraph 10 (previously 11) of the Scheme.
Georgina Robinson
Criminal Injuries Compensation Tribunal
12 December 2023