Foilsiú
54823 (Undated)
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: 54823
Date of incident: [ ]
Date received: [ ]
Decision: Award of €647.
On the afternoon of [ ] the applicant entered a shop in [ ]. The applicant reported to the gardai that he was hassled in the shop by an individual. The applicant paid for his items and left the shop. The applicant was approached around the corner by the individual from the shop and another. The applicant was punched in the face by one of the people who approached him. The gardai were called and attended the scene. The matter was reported to the gardai and a criminal prosecution is ongoing according to the garda report.
I am satisfied that the incident the subject matter of the within application falls within the terms of the Scheme. The applicant sustained a personal injury which was criminally inflicted. The matter was promptly reported to the gardai and a garda report has been supplied.
The applicant received a punch to the nose. A medical report dated [ ] from [ ] and Injury Unit [ ] is available to the tribunal. That report describes the nose injury sustained by the applicant; his nose was swollen and bleeding, he also had a laceration to the bridge of his nose. The wound was cleaned and closed with glue and paper stitches. The applicant was reassured and discharged home. The applicant was reviewed on [ ] and he complained that while the wound had healed his nose was slightly off and he had bony prominences inside his nose. The applicant was referred by his GP to the [ ] Hospital ENT department and he had surgery done under general anesthetic.
The applicant also had injury to his teeth as a result of the assault. There is a report from [ ], Dentist, dated [ ]. This report outlines that the applicant had fractures to eight of his teeth when he attended for emergency dental care on [ ]. All fractured teeth were subsequently repaired with composite resin filling material. [ ] states that as with any trauma case there is need for continued review of affected teeth with the potential for any of the teeth to need further treatment such as root canal. [ ] states in his report that it is planned to monitor the teeth over the next number of years and treat appropriately.
On [ ] the secretariat wrote to the applicant supplying a copy of the garda reports and requesting that any further original receipts or vouching documentation arising from the applicant's personal injuries be supplied. The secretariat asked the applicant to confirm in writing when all the necessary documentation has been provided and when the applicant is happy for the file to be sent to a tribunal member for decision.
By letter dated [ ] the applicant wrote to the tribunal and confirmed that all necessary documentation has been provided and that he was happy for the file to be sent for decision.
I note the view of [ ] in his report where he identifies that further dental work may be required in the future however the applicant has confirmed that he would like his claim assessed now and in so doing precludes himself from claiming for possible future dental expenses.
The applicant has supplied three receipts from [ ] Dental which total €525: [ ] €150, [ ] €300 and [ ] €75. The applicant in his application form specifies 314 kilometers of travel associated with his injuries.
I am satisfied that it is appropriate to make an award in this case. The applicant sustained personal injuries as a result of a criminal assault on his person. I award €122 (314 km x 0.39) in respect of travel and €525 in respect of dental work. The total award in this case is €647.
Signed: Elizabeth Davey, Criminal Injuries Compensation Tribunal