23882 (20 May 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: 23882
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
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 received on the [ ]. The Applicant states that he suffered injuries when he was attacked from behind causing him to fall to the ground. The Applicant is uncertain as to how may blows [ ] actually received. The Applicant stated that he was struck for no reason nor provocation. The assailant was known to the Applicant. The Applicant states no disagreement or dispute had occurred between them prior to the assault.
3. The incident was reported to [ ] Garda Station and the Applicant reports suffering a [ ] and bruising together with a black eye. The Applicant attended Dr. [ ] a Dental Surgeon in respect of the injuries sustained.
4. In addition to dental expenses the Applicant reports a claim for travelling expenses and loss of earnings. The Applicant also records a potential claim for damage to his clothing.
5. In respect of the claim submitted I am satisfied that the Applicant suffered loss as a result of personal injuries criminally inflicted. The application was submitted within the timeframe allowed pursuant to the terms of the Scheme. The claim falls for consideration pursuant to the terms of same.
6. In respect of dental expenditure no vouching documentation has been submitted in respect of this item of outlay. No sum is allowed in respect of the claim for damage to the Applicant's clothes as damage to property is not permitted pursuant to the terms of this Scheme.
In respect of loss of earnings the Applicant records on his application form that he was absent from work for a three day period. Again, no schedule of loss of earnings has been submitted from the Applicant's employer.
In respect of travelling expenses no vouching documentation has been submitted.
Finally, it is noted that the Applicant received by way of compensation from the assailant the sum of €4,000. This sum was paid on the [ ]. Any such sums received in compensation would necessarily in any case be deductible from any award made by this Tribunal.
7. As no vouching documentation has been submitted and as in any case the sum of €4,000 has been received by the Applicant from the assailant by way of compensatory payment no award is made in this case.
Georgina Robinson
Criminal Injuries Compensation Tribunal
20 May 2022