52909 (24 February 2024)

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: 52909

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Award of €245.33

1. [ ] (“the applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant while walking home after work was viciously assaulted and struck in the face by a [ ] on a number of occasions.

3. The matter was reported to [ ] Garda Station. It is unknown if the offender(s) was/were ever identified and charged.

4. The applicant sustained multiple facial fractures, a broken nose, a damaged eye socket, facial lacerations and significant swelling of his [ ] eye. He was treated in [ ] Hospital. He subsequently attended his own GP and for treatment in the [ ] Hospital. The applicant also developed significant psychological injuries.

5. The applicant was unable to return to work until the [ ]. He was paid social welfare and his employer discharged the balance of any lost earnings. Accordingly, the applicant has not proven that he sustained any loss of earnings.

6. The applicant’s wife also had to take time off work to care for the applicant. His wife’s loss of earnings has not been vouched.

7. He also incurred hospital charges, GP charges, Taxi expenses pharmacy expenses in the sum of €245.33. These out-of-pocket expenses have been duly vouched by the applicant.

8. The Tribunal has no doubt that the applicant was the victim of a vicious, unprovoked and horrific assault. Further, the Tribunal has no doubt that the applicant sustained severe injuries that will no doubt continue to have a profound and indefinite effect on him. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. If the Tribunal had the power to award such damages, the applicant would be a most and wholly deserving candidate. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. Accordingly, the Tribunal will make an award to the applicant in respect of his vouched out of pocket expenses in the sum of €245.33.

David Culleton

Criminal Injuries Compensation Tribunal

24 February 2024