50629 (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: 50629
Date of incident: [ ]
Date of application: [ ]
Decision outcome: (euro equivalent of Stg £4,524) €5,282.26
1. Mr. [ ] ('the Applicant') has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ('the Scheme').
2. The application was received from the Applicant on the [ ] and describes an incident which occurred at the [ ] at [ ]. The Applicant states that he was attending the [ ] he was punched in the mouth and he lost two front teeth.
3. The assault was reported to An Garda Siochana and Garda [ ] of [ ] Garda Station was the investigating member assigned to the case.
4. The Applicant states that he incurred Stg£4,524 treatment in respect of dental injuries. A dental report/estimate was included with the application and it correlates with the Applicant's claim. The Applicant resided at that time in [ ].
5. The Applicant was a student at the date of incident and therefore does not appear to have incurred loss of earnings.
6. The Applicant has no previous convictions.
7. An Garda Siochana have provided the Tribunal with a copy of the Applicant's statement. They also confirm by way of a statement provided by Sergeant [ ] that the Applicant was awarded €12,000 compensation at the conclusion of criminal proceedings.
8. On the [ ], the Tribunal wrote to the Applicant advising of the provisions of Article 16 of the Scheme as it would appear that the cost of the dental treatment referred to in the application would be less than the compensation which was to be received.
9. The Applicant engaged in email correspondence with the Tribunal on the [ ] wherein he states that he did not receive compensation. The Tribunal wrote to the Applicant on the [ ], advising that the Applicant should contact the Court Services in relation to the nonpayment of compensation.
10. By letter dated the [ ], the Tribunal wrote to the Applicant advising that they intended to place this file in line for a decision by a Tribunal member. The Applicant did not respond to the said correspondence.
11. I am satisfied that the Applicant has confirmed that he did not receive the Court ordered compensation in relation to this matter and accordingly I proceed to consider his application in respect of his treatment plan estimate. I am not prepared to consider an estimate in respect of travel expenditure in circumstances where no vouchers have been submitted.
Accordingly, the award in this case will be in the total sum of (euro equivalent Stg£4524.) €5,282.26 in respect of the dental estimate received.
Georgina Robinson
Criminal Injuries Compensation Tribunal
12 December 2023